Senate Bill sb0004Ae1

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    SB 4-A                                         First Engrossed



  1                      A bill to be entitled

  2         An act relating to hurricane preparedness and

  3         property insurance; amending s. 20.121, F.S.;

  4         removing the Office of Insurance Consumer

  5         Advocate from the Department of Financial

  6         Services; providing for the powers, records,

  7         personnel, property, balances of appropriations

  8         and other funds, rules, pending issues, and

  9         contracts of the Office of Insurance Consumer

10         Advocate to be transferred from the Department

11         of Financial Services to the Public Counsel;

12         amending s. 163.01, F.S., relating to the

13         Interlocal Cooperation Act; redefining the term

14         "public agency" to include certain legal or

15         administrative entities; authorizing such

16         entities to finance the provision of property

17         coverage contracts for or from local government

18         property insurance pools or property coverage

19         contracts; authorizing certain hospitals and

20         hospital systems to borrow funds, issue bonds,

21         and enter into loan agreements for the purpose

22         of providing property coverage; providing for

23         validating such bonds; providing an exemption

24         from taxation; amending s. 215.555, F.S.;

25         limiting the activities of the Florida

26         Hurricane Fund Finance Corporation with respect

27         to funding obligations; providing for revenue

28         bonds to be issued to fund the obligations of

29         the Florida Hurricane Excess Loss Program

30         (FHELP); providing legislative findings;

31         creating the Florida Hurricane Excess Loss


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    SB 4-A                                         First Engrossed



 1         Program Finance Corporation; providing for a

 2         board of directors; providing powers and

 3         duties; providing for the corporation to issue

 4         bonds that are not a debt of the state or any

 5         political subdivision; providing an exemption

 6         from taxation; providing for the protection of

 7         bondholders; limiting the activities of the

 8         Florida Hurricane Excess Loss Program Finance

 9         Corporation with respect to the obligations

10         incurred by the Florida Hurricane Catastrophe

11         Fund; authorizing the board of the Florida

12         Hurricane Catastrophe Fund to enter into

13         capital market transactions; authorizing

14         temporary emergency options for additional

15         coverage; providing a system under which

16         insurers may procure additional reinsurance

17         from the fund; defining terms; providing

18         guidelines for such coverage; prescribing

19         premiums for such coverage; providing a

20         temporary increase in coverage limit options;

21         providing legislative findings; defining terms;

22         creating the Florida Hurricane Excess Loss

23         Program, which shall be administered by the

24         State Board of Administration; authorizing the

25         board to adopt rules and employ or contract

26         with staff; requiring that a contract addendum

27         be executed by participating insurers;

28         requiring that the state assume a portion of

29         liability for losses under a covered policy;

30         requiring that such coverage be funded

31         separately from the obligations of the Florida


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    SB 4-A                                         First Engrossed



 1         Hurricane Catastrophe Fund and proceeds of

 2         bonds issued by the Florida Hurricane

 3         Catastrophe Fund Finance Corporation; requiring

 4         insurers obtaining certain coverages offered by

 5         the Florida Hurricane Catastrophe Fund to make

 6         rate filings that reflect savings or reduction

 7         in loss exposure; requiring that the Office of

 8         Insurance Regulation specify, by order, the

 9         dates on which such filings must be made;

10         providing limitations for an insurer in

11         implementing a rate change following a rate

12         filing; requiring the Office of Insurance

13         Regulation to calculate a presumed factor to

14         reflect the impact on rates resulting from this

15         act; providing an appropriation; amending s.

16         215.5586, F.S., relating to the Florida

17         Comprehensive Hurricane Damage Mitigation

18         Program; providing for grants to homeowners to

19         protect rather than retrofit their properties;

20         revising certain other eligibility criteria for

21         a grant; authorizing the use of grants for

22         roof-protection systems; amending s. 215.559,

23         F.S., relating to the Hurricane Loss Mitigation

24         Program; providing for a certain portion of the

25         appropriation under the program to be used for

26         securing fixtures for mobile homes; amending s.

27         350.012, F.S.; redesignating the Committee on

28         Public Service Commission Oversight as the

29         "Committee on Public Service Commission and

30         Insurance Oversight"; requiring that the

31         committee confirm or reject the appointment of


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    SB 4-A                                         First Engrossed



 1         the Insurance Consumer Advocate by the Chief

 2         Financial Officer; amending s. 350.0611, F.S.,

 3         relating to the Public Counsel; providing

 4         duties with respect to the Insurance Consumer

 5         Advocate; amending s. 350.0613, F.S.;

 6         authorizing the Public Counsel to represent the

 7         public before the Office of Insurance

 8         Regulation, the Financial Services Commission,

 9         and the Department of Financial Services;

10         including certain proceedings related to rules

11         and rate filings for insurance; authorizing the

12         Public Counsel to have access to files of the

13         Office of Insurance Regulation, the Financial

14         Services Commission, and the Department of

15         Financial Services, to seek review of orders of

16         the office and the commission, and to issue

17         reports, recommendations, and proposed orders

18         to the office and the commission; authorizing

19         the Committee on Public Service Commission and

20         Insurance Oversight to authorize the Public

21         Counsel to employ certain types of employees;

22         requiring the Office of Insurance Regulation,

23         the Financial Services Commission, and the

24         Department of Financial Services to provide

25         copies of certain filings to the Public

26         Counsel; creating s. 350.0615, F.S.; creating

27         the office of Insurance Consumer Advocate to

28         represent the public on matters relating to the

29         regulation of insurance; requiring the Chief

30         Financial Officer to appoint the Insurance

31         Consumer Advocate, who is subject to


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    SB 4-A                                         First Engrossed



 1         confirmation by the Committee on Public Service

 2         Commission and Insurance Oversight; providing

 3         for the Insurance Consumer Advocate to report

 4         directly to and be employed by the Public

 5         Counsel; specifying the powers and duties of

 6         the Insurance Consumer Advocate; creating s.

 7         395.1060, F.S.; providing for risk pooling,

 8         with respect to property exposure, by certain

 9         hospitals and hospital systems; exempting

10         entities formed to do so from the Florida

11         Insurance Code; amending s. 553.73, F.S.;

12         prohibiting the Florida Building Commission

13         from modifying certain foundation codes

14         relating to wind resistance or the prevention

15         of water intrusion unless the modification

16         enhances such provisions; amending s. 553.775,

17         F.S., relating to interpretations of the

18         Florida Building Code; conforming a

19         cross-reference; requiring jurisdictions having

20         authority to enforce the Florida Building Code

21         to require wind-borne-debris protection

22         according to specified requirements; requiring

23         that the Florida Building Commission amend the

24         Florida Building Code to reflect the

25         requirements of the act and eliminate certain

26         less stringent requirements; providing an

27         exception; requiring an amendment to the code

28         with respect to certain provisions governing

29         new residential construction; requiring the

30         commission to develop voluntary guidelines for

31         increasing the hurricane resistance of


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    SB 4-A                                         First Engrossed



 1         buildings; requiring that the guidelines be

 2         included in the commission's report to the 2008

 3         Legislature; amending s. 624.319, F.S.;

 4         authorizing the Public Counsel and the

 5         Insurance Consumer Advocate to have access to

 6         certain confidential information held by the

 7         Department of Financial Services or the Office

 8         of Insurance Regulation; amending s. 624.462,

 9         F.S.; revising requirements for the

10         establishment of a commercial self-insurance

11         fund by a not-for-profit group; amending s.

12         624.4622, F.S.; authorizing local government

13         self-insurance funds to insure or self-insure

14         real or personal property against loss or

15         damage; creating s. 624.4625, F.S.; authorizing

16         two or more corporations not for profit to form

17         a self-insurance fund for certain purposes;

18         providing specific requirements; providing a

19         definition; providing limitations; providing

20         for application of certain provisions to

21         certain premiums, contributions, and

22         assessments; providing for payment of insurance

23         premium tax at a reduced rate by corporation

24         not-for-profit self-insurance funds; subjecting

25         a corporation not for profit self-insurance

26         fund to certain group self-insurance fund

27         provisions under certain circumstances;

28         amending s. 624.610, F.S.; specifying

29         additional circumstances under which the Office

30         of Insurance Regulation may allow credit when

31         reinsurance is ceded to an assuming insurer;


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    SB 4-A                                         First Engrossed



 1         amending s. 626.9541, F.S.; providing that an

 2         insurer's failure to offer in this state any

 3         kind or line of insurance which all insurers or

 4         affiliated insurers offer in another

 5         jurisdiction constitutes an unfair method of

 6         competition and unfair or deceptive act;

 7         providing penalties; providing for rules;

 8         repealing s. 627.0613, F.S., relating to the

 9         consumer advocate appointed by the Chief

10         Financial Officer; amending s. 627.062, F.S.;

11         deleting provisions allowing property and

12         casualty insurers to use and file rates;

13         deleting provisions exempting certain rate

14         filings from review by the Office of Insurance

15         Regulation; deleting provisions authorizing an

16         insurer to require the arbitration of a rate

17         filing following agency action under the

18         Administrative Procedure Act; requiring the

19         chief executive officer, chief financial

20         officer, or chief actuary of a property insurer

21         to certify the information contained in a rate

22         filing; providing penalties for knowingly

23         making a false certification; authorizing the

24         Financial Services Commission to adopt rules;

25         deleting provisions placing the burden on the

26         Office of Insurance Regulation to establish

27         that certain rates are excessive; amending s.

28         627.0628, F.S., relating to hurricane loss

29         projection; conforming references to changes

30         made by the act; amending s. 627.311, F.S.;

31         providing for the Insurance Consumer Advocate


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    SB 4-A                                         First Engrossed



 1         to be a member of the board of governors

 2         supervising joint underwriting associations;

 3         amending s. 627.351, F.S., relating to the

 4         Citizens Property Insurance Corporation;

 5         deleting provisions that deny certain

 6         nonhomestead property eligibility for coverage

 7         by the corporation; including commercial

 8         nonresidential policies into an account of the

 9         corporation; authorizing the corporation to

10         issue multiperil coverage, wind-only coverage,

11         or both in the high-risk account after a

12         specified date; deleting provisions authorizing

13         the Office of Insurance Regulation to remove

14         territory from the area eligible for wind-only

15         and quota share coverage; redefining the term

16         "subject lines of business" subject to

17         assessments for deficits; requiring the board

18         of governors of the corporation to levy an

19         assessment against nonhomestead property

20         policyholders if certain deficits occur after a

21         specified date; restricting the eligibility of

22         a risk for a policy issued by the corporation

23         under certain circumstances; authorizing the

24         plan of operation to establish limits of

25         coverage and to require commercial property to

26         meet specified hurricane-mitigation features;

27         requiring that the corporation annually file

28         recommended rates; requiring that the office

29         issue a final order establishing the rates

30         within a specified period; prohibiting the

31         corporation from pursuing administrative or


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    SB 4-A                                         First Engrossed



 1         judicial review of such order; deleting

 2         provisions specifying circumstances under which

 3         a rate is deemed inadequate; deleting

 4         legislative intent concerning rate adequacy in

 5         the residual market; deleting provisions

 6         providing requirements for personal lines

 7         residential policies and residential wind-only

 8         policies; deleting an exemption provided for

 9         coverage provided by the corporation in Monroe

10         County under certain circumstances; deleting a

11         requirement that the corporation certify to the

12         office that its rates comply with certain

13         requirements; deleting a requirement for a

14         notice to policyholders and applicants;

15         rescinding certain rate filings by the

16         corporation which took effect January 1, 2007;

17         reinstating certain rates in effect on December

18         31, 2006; clarifying the effect of a policy

19         that is taken out, assumed, or removed from the

20         corporation; providing legislative intent that

21         commercial nonresidential property insurance be

22         made available from Citizens Property Insurance

23         Corporation; requiring that Citizens Property

24         Insurance Corporation adopt a plan providing

25         for the transition of such coverage from the

26         Property and Casualty Joint Underwriting

27         Association to Citizens; providing requirements

28         for the plan; amending s. 627.701, F.S.;

29         revising requirements for the deductible amount

30         applicable to hurricane loss for policies of

31         residential property insurance and personal


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    SB 4-A                                         First Engrossed



 1         lines residential property insurance;

 2         prohibiting a hurricane deductible in excess of

 3         a specified percentage for personal lines

 4         residential property insurance policies of less

 5         than a certain value unless the policyholder

 6         signs a statement acknowledging the lack of

 7         insurance or provides a statement from the

 8         mortgageholder or lienholder; requiring that

 9         the insurer keep documentation of such

10         statements; requiring the Financial Services

11         Commission to adopt rules; deleting obsolete

12         provisions; amending s. 627.706, F.S., relating

13         to sinkhole insurance; defining the term

14         "catastrophic ground cover collapse"; amending

15         s. 627.7065, F.S., relating to a database of

16         sinkhole information; conforming a reference to

17         changes made by the act; creating s. 627.712,

18         F.S.; requiring insurers issuing residential

19         property insurance to provide hurricane or

20         windstorm coverage; authorizing a policyholder

21         to make a written rejection of such coverage by

22         signing a statement acknowledging the lack of

23         insurance or providing a statement from the

24         mortgageholder or lienholder; requiring

25         insurers issuing residential property insurance

26         to make available an exclusion of coverage for

27         contents; providing for the policyholder to

28         make a written rejection of such coverage;

29         requiring that the insurer keep documentation

30         of such statements; requiring the Financial

31         Services commission to adopt rules; creating s.


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    SB 4-A                                         First Engrossed



 1         627.713, F.S.; authorizing the office to

 2         require property insurers to report data

 3         regarding hurricane claims and underwriting

 4         costs; providing for the adoption of rules;

 5         amending s. 631.57, F.S.; specifying certain

 6         additional circumstances under which the board

 7         of directors of the Florida Insurance Guaranty

 8         Association, Inc., may levy emergency and

 9         regular assessments; clarifying that

10         authorization exists for the Florida Insurance

11         Guaranty Association to certify and for the

12         Office of Insurance Regulation to levy an

13         emergency assessment; amending s. 631.912,

14         F.S., relating to the board of directors of the

15         Florida Workers' Compensation Insurance

16         Guaranty Association, Inc.; conforming

17         provisions to changes made by the act; amending

18         s. 718.111, F.S.; providing for windstorm

19         insurance for condominium associations;

20         repealing s. 627.0629(6), F.S., relating to

21         requirements for hurricane or windstorm

22         coverage; creating the Windstorm Mitigation

23         Study Commission for the purpose of analyzing

24         solutions and programs that could address the

25         state's need to mitigate the effects of

26         windstorms on structures; providing for

27         membership and qualifications; providing that

28         the members are entitled to reimbursement for

29         expenses incurred in connection with their

30         duties; requiring the Department of Financial

31         Services, the Office of Insurance Regulation,


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    SB 4-A                                         First Engrossed



 1         the Citizens Property Insurance Corporation,

 2         and other state agencies to supply information,

 3         assistance, and facilities to the commission;

 4         requiring that the Executive Office of the

 5         Governor provide staff assistance; specifying

 6         duties of the commission; requiring that the

 7         commission report to the Governor, the

 8         Legislature, the Chief Financial Officer, and

 9         the Commissioner of Insurance Regulation by a

10         specified date; establishing the Florida

11         Disaster Recovery Initiative within the

12         Department of Community Affairs for the purpose

13         of assisting local governments in hardening

14         affordable housing against the effects of

15         hurricanes; specifying that the act does not

16         create an entitlement or obligate the state;

17         providing for program administration;

18         specifying the entities that are eligible to

19         apply for funding; providing components and

20         requirements of the initiative; providing an

21         appropriation; amending s. 627.711, F.S.;

22         requiring the Financial Services Commission to

23         develop uniform mitigation verification

24         inspection forms; providing duties of the

25         commission; expressing the intent of the

26         Legislature to create a grant program to assist

27         low-income persons in purchasing property

28         insurance; creating s. 350.06151, F.S.;

29         providing for transfer of funds from the

30         Insurance Regulatory Trust Fund to the Grants

31         and Donations Trust Fund of the legislative


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    SB 4-A                                         First Engrossed



 1         branch to fund the Office of Insurance Consumer

 2         Advocate; providing effective dates.

 3  

 4         WHEREAS, homeowners in the State of Florida are

 5  struggling under increased insurance costs and increased

 6  housing prices as a result of damage caused by hurricanes and

 7  tropical storms, and

 8         WHEREAS, this increase in the cost of property

 9  insurance for the state's residents demands immediate

10  attention, and

11         WHEREAS, the affordability of property insurance

12  creates financial burdens for Florida's residents and

13  financial crises for some property owners, and

14         WHEREAS, in addition to affordability, the availability

15  and stability of property insurance rates are critical issues

16  to the residents of this state, and

17         WHEREAS, because there is no single, quick, or easy

18  solution to the current crisis, a comprehensive and creative

19  approach is required, and

20         WHEREAS, property insurance is so interwoven with other

21  forms of insurance, through business, regulation, advocacy,

22  purchasing, and other interactions, that the viability of the

23  insurance market in Florida is at risk, and

24         WHEREAS, expanding coverage offered by the Florida

25  Hurricane Catastrophe Fund can help to address this crisis,

26  and

27         WHEREAS, taking steps to control or reduce the premiums

28  charged by Citizens Property Insurance Corporation can help to

29  address this crisis, and

30  

31  


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    SB 4-A                                         First Engrossed



 1         WHEREAS, strengthening the Florida Building Code and

 2  providing for voluntary guidelines in addition to the

 3  requirements of the code can help to address this crisis, and

 4         WHEREAS, sinkhole coverage is a critical part of the

 5  crisis in certain areas of the state and must be addressed as

 6  part of any comprehensive solution, and

 7         WHEREAS, requiring property insurers to offer

 8  additional deductibles and exclusions that apply at the option

 9  of the property owner can help to address this crisis, and

10         WHEREAS, authorizing various groups of public and

11  private entities to enter into forms of self-insurance or

12  guaranty groups can help to address this crisis, and

13         WHEREAS, strengthening the processes for establishing

14  property insurance rates can help to address this crisis, and

15         WHEREAS, the role of consumer advocacy is a critical

16  part of addressing this crisis and consumer advocacy for

17  property insurance is a critical, if not the predominant, part

18  of consumer advocacy regarding insurance, and

19         WHEREAS, promoting, through financial and regulatory

20  methods, the ability of property insurers and reinsurers to do

21  business in Florida can help to address this crisis, and

22         WHEREAS, promoting, through financial and regulatory

23  incentives for property owners, the strengthening of property

24  to withstand the effects of windstorm damage can help to

25  address this crisis, NOW, THEREFORE,

26  

27  Be It Enacted by the Legislature of the State of Florida:

28  

29         Section 1.  Paragraphs (m) and (n) of subsection (2) of

30  section 20.121, Florida Statutes, are amended to read:

31  


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    SB 4-A                                         First Engrossed



 1         20.121  Department of Financial Services.--There is

 2  created a Department of Financial Services.

 3         (2)  DIVISIONS.--The Department of Financial Services

 4  shall consist of the following divisions: 

 5         (m)  The Office of Insurance Consumer Advocate.

 6         (m)(n)  The Division of Funeral, Cemetery, and Consumer

 7  Services.

 8         Section 2.  All of the powers, duties, functions,

 9  records, personnel, and property; unexpended balances of

10  appropriations, allocations, and other funds; administrative

11  authority; administrative rules; pending issues; and existing

12  contracts of the consumer advocate and the Office of Insurance

13  Consumer Advocate are transferred by a type two transfer,

14  pursuant to s. 20.06(2), Florida Statutes, from the Chief

15  Financial Officer and the Department of Financial Services to

16  the Public Counsel. Funds shall be transferred by the

17  Department of Financial Services from the Insurance Regulatory

18  Trust Fund to the Grants and Donations Trust Fund in the

19  legislative branch for the purpose of funding the Office of

20  Insurance Consumer Advocate. The transfer amount for the

21  2006-2007 fiscal year is equal to the remaining unobligated

22  approved operating budget for the Office of Insurance Consumer

23  Advocate within the Department of Financial Services.

24         Section 3.  Paragraph (b) of subsection (3) and

25  paragraph (e) of subsection (7) of section 163.01, Florida

26  Statutes, are amended, and paragraph (h) is added to

27  subsection (7) of that section, to read:

28         163.01  Florida Interlocal Cooperation Act of 1969.--

29         (3)  As used in this section:

30         (b)  "Public agency" means a political subdivision,

31  agency, or officer of this state or of any state of the United


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    SB 4-A                                         First Engrossed



 1  States, including, but not limited to, state government,

 2  county, city, school district, single and multipurpose special

 3  district, single and multipurpose public authority,

 4  metropolitan or consolidated government, a separate legal

 5  entity or administrative entity created under subsection (7),

 6  an independently elected county officer, any agency of the

 7  United States Government, a federally recognized Native

 8  American tribe, and any similar entity of any other state of

 9  the United States.

10         (7)

11         (e)1.  Notwithstanding the provisions of paragraph (c),

12  any separate legal entity, created pursuant to the provisions

13  of this section and controlled by counties or municipalities

14  of this state, the membership of which consists or is to

15  consist only of public agencies of this state, may, for the

16  purpose of financing the provision or acquisition of liability

17  or property coverage contracts for or from one or more local

18  government liability or property pools to provide liability or

19  property coverage for counties, municipalities, or other

20  public agencies of this state, exercise all powers in

21  connection with the authorization, issuance, and sale of

22  bonds. All of the privileges, benefits, powers, and terms of

23  s. 125.01 relating to counties and s. 166.021 relating to

24  municipalities shall be fully applicable to such entity and

25  such entity shall be considered a unit of local government for

26  all of the privileges, benefits, powers, and terms of part I

27  of chapter 159.  Bonds issued by such entity shall be deemed

28  issued on behalf of counties, municipalities, or public

29  agencies which enter into loan agreements with such entity as

30  provided in this paragraph. Proceeds of bonds issued by such

31  entity may be loaned to counties, municipalities, or other


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    SB 4-A                                         First Engrossed



 1  public agencies of this state, whether or not such counties,

 2  municipalities, or other public agencies are also members of

 3  the entity issuing the bonds, and such counties,

 4  municipalities, or other public agencies may in turn deposit

 5  such loan proceeds with a separate local government liability

 6  or property pool for purposes of providing or acquiring

 7  liability or property coverage contracts.

 8         2.  Counties or municipalities of this state are

 9  authorized pursuant to this section, in addition to the

10  authority provided by s. 125.01, part II of chapter 166, and

11  other applicable law, to issue bonds for the purpose of

12  acquiring liability coverage contracts from a local government

13  liability pool. Any individual county or municipality may, by

14  entering into interlocal agreements with other counties,

15  municipalities, or public agencies of this state, issue bonds

16  on behalf of itself and other counties, municipalities, or

17  other public agencies, for purposes of acquiring a liability

18  coverage contract or contracts from a local government

19  liability pool.  Counties, municipalities, or other public

20  agencies are also authorized to enter into loan agreements

21  with any entity created pursuant to subparagraph 1., or with

22  any county or municipality issuing bonds pursuant to this

23  subparagraph, for the purpose of obtaining bond proceeds with

24  which to acquire liability coverage contracts from a local

25  government liability pool.  No county, municipality, or other

26  public agency shall at any time have more than one loan

27  agreement outstanding for the purpose of obtaining bond

28  proceeds with which to acquire liability coverage contracts

29  from a local government liability pool. Obligations of any

30  county, municipality, or other public agency of this state

31  pursuant to a loan agreement as described above may be


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    SB 4-A                                         First Engrossed



 1  validated as provided in chapter 75.  Prior to the issuance of

 2  any bonds pursuant to subparagraph 1. or this subparagraph for

 3  the purpose of acquiring liability coverage contracts from a

 4  local government liability pool, the reciprocal insurer or the

 5  manager of any self-insurance program shall demonstrate to the

 6  satisfaction of the Office of Insurance Regulation of the

 7  Financial Services Commission that excess liability coverage

 8  for counties, municipalities, or other public agencies is

 9  reasonably unobtainable in the amounts provided by such pool

10  or that the liability coverage obtained through acquiring

11  contracts from a local government liability pool, after taking

12  into account costs of issuance of bonds and any other

13  administrative fees, is less expensive to counties,

14  municipalities, or special districts than similar commercial

15  coverage then reasonably available.

16         3.  Any entity created pursuant to this section or any

17  county or municipality may also issue bond anticipation notes,

18  as provided by s. 215.431, in connection with the

19  authorization, issuance, and sale of such bonds.  In addition,

20  the governing body of such legal entity or the governing body

21  of such county or municipality may also authorize bonds to be

22  issued and sold from time to time and may delegate, to such

23  officer, official, or agent of such legal entity as the

24  governing body of such legal entity may select, the power to

25  determine the time; manner of sale, public or private;

26  maturities; rate or rates of interest, which may be fixed or

27  may vary at such time or times and in accordance with a

28  specified formula or method of determination; and other terms

29  and conditions as may be deemed appropriate by the officer,

30  official, or agent so designated by the governing body of such

31  legal entity. However, the amounts and maturities of such


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    SB 4-A                                         First Engrossed



 1  bonds and the interest rate or rates of such bonds shall be

 2  within the limits prescribed by the governing body of such

 3  legal entity and its resolution delegating to such officer,

 4  official, or agent the power to authorize the issuance and

 5  sale of such bonds.  Any series of bonds issued pursuant to

 6  this paragraph for liability coverage shall mature no later

 7  than 7 years following the date of issuance thereof. Any

 8  series of bonds issued pursuant to this paragraph for property

 9  coverage shall mature no later than 30 years following the

10  date of issuance.

11         4.  Bonds issued pursuant to subparagraph 1. may be

12  validated as provided in chapter 75.  The complaint in any

13  action to validate such bonds shall be filed only in the

14  Circuit Court for Leon County.  The notice required to be

15  published by s. 75.06 shall be published in Leon County and in

16  each county which is an owner of the entity issuing the bonds,

17  or in which a member of the entity is located, and the

18  complaint and order of the circuit court shall be served only

19  on the State Attorney of the Second Judicial Circuit and on

20  the state attorney of each circuit in each county or

21  municipality which is an owner of the entity issuing the bonds

22  or in which a member of the entity is located.

23         5.  Bonds issued pursuant to subparagraph 2. may be

24  validated as provided in chapter 75. The complaint in any

25  action to validate such bonds shall be filed in the circuit

26  court of the county or municipality which will issue the

27  bonds.  The notice required to be published by s. 75.06 shall

28  be published only in the county where the complaint is filed,

29  and the complaint and order of the circuit court shall be

30  served only on the state attorney of the circuit in the county

31  or municipality which will issue the bonds.


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    SB 4-A                                         First Engrossed



 1         6.  The participation by any county, municipality, or

 2  other public agency of this state in a local government

 3  liability pool shall not be deemed a waiver of immunity to the

 4  extent of liability coverage, nor shall any contract entered

 5  regarding such a local government liability pool be required

 6  to contain any provision for waiver.

 7         (h)1.  Notwithstanding the provisions of paragraph (c),

 8  any separate legal entity consisting of an alliance, as

 9  defined in s. 395.1060(2)(a), which is created pursuant to

10  this paragraph and controlled by and whose members consist of

11  the following eligible entities: special districts created

12  pursuant to a special act and having the authority to own or

13  operate one or more Florida-licensed hospitals, or

14  Florida-licensed hospitals that are owned, operated, or funded

15  by a county or municipality, may, for the purpose of providing

16  property insurance coverage as defined in s. 395.1060(2)(c),

17  for such eligible entities, exercise all powers under this

18  subsection in connection with borrowing funds for such

19  purposes, including, without limitation, the authorization,

20  issuance, and sale of bonds, notes, or other obligations of

21  indebtedness. Borrowed funds, including bonds issued by such

22  alliance, shall be deemed issued on behalf of such eligible

23  entities that enter into loan agreements with such separate

24  entity as provided in this paragraph.

25         2.  Any such separate entity shall have all the powers

26  that are provided by the interlocal agreement under which it

27  is created or that are necessary to finance, operate, or

28  manage the alliance's property insurance coverage program.

29  Proceeds of bonds, notes, or other obligations issued by such

30  an entity may be loaned to any one or more eligible entities.

31  Eligible entities are authorized to enter into loan agreements


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    SB 4-A                                         First Engrossed



 1  with any separate entity created pursuant to this paragraph

 2  for the purpose of obtaining moneys with which to finance

 3  property insurance coverage or claims. Obligations of any

 4  eligible entity pursuant to a loan agreement as described in

 5  this paragraph may be validated as provided in chapter 75.

 6         3.  Any bonds, notes, or other obligations to be issued

 7  or incurred by a separate entity created pursuant to this

 8  paragraph shall be authorized by resolution of the governing

 9  body of such entity and bear the date or dates; mature at the

10  time or times, not exceeding 30 years from their respective

11  dates; bear interest at the rate or rates, which may be fixed

12  or vary at such time or times and in accordance with a

13  specified formula or method of determination; be payable at

14  the time or times; be in the denomination; be in the form;

15  carry the registration privileges; be executed in the manner;

16  be payable from the sources and in the medium of payment and

17  at the place; and be subject to redemption, including

18  redemption prior to maturity, as the resolution may provide.

19  The bonds, notes, or other obligations may be sold at public

20  or private sale for such price as the governing body of the

21  separate entity shall determine. The bonds may be secured by

22  such credit enhancement, if any, as the governing body of the

23  separate entity deems appropriate. The bonds may be secured by

24  an indenture of trust or trust agreement. In addition, the

25  governing body of the separate entity may delegate, to such

26  officer or official of such entity as the governing body may

27  select, the power to determine the time; manner of sale,

28  public or private; maturities; rate or rates of interest,

29  which may be fixed or may vary at such time or times and in

30  accordance with a specified formula or method of

31  determination; and other terms and conditions as may be deemed


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    SB 4-A                                         First Engrossed



 1  appropriate by the officer or official so designated by the

 2  governing body of such separate entity. However, the amounts

 3  and maturities of such bonds, the interest rate or rates, and

 4  the purchase price of such bonds shall be within the limits

 5  prescribed by the governing body of such separate entity in

 6  its resolution delegating to such officer or official the

 7  power to authorize the issuance and sale of such bonds.

 8         4.  Bonds issued pursuant to this paragraph may be

 9  validated as provided in chapter 75. The complaint in any

10  action to validate such bonds shall be filed only in the

11  Circuit Court for Leon County. The notice required to be

12  published by s. 75.06 shall be published in Leon County and in

13  each county in which an eligible entity that is a member of an

14  alliance is located. The complaint and order of the circuit

15  court shall be served only on the state attorney of the Second

16  Judicial Circuit and on the state attorney of each circuit in

17  each county in which an eligible entity receiving bond

18  proceeds is located.

19         5.  The accomplishment of the authorized purposes of a

20  separate entity created under this paragraph is in all

21  respects for the benefit of the people of the state, for the

22  increase of their commerce and prosperity, and for the

23  improvement of their health and living conditions. Since the

24  separate entity will perform essential public functions in

25  accomplishing its purposes, the separate entity is not

26  required to pay any taxes or assessments of any kind

27  whatsoever upon any property acquired or used by it for such

28  purposes or upon any revenues at any time received by it. The

29  bonds, notes, and other obligations of such separate entity,

30  their transfer, and the income therefrom, including any

31  profits made on the sale thereof, are at all times free from


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    SB 4-A                                         First Engrossed



 1  taxation of any kind of the state or by any political

 2  subdivision or other agency or instrumentality thereof. The

 3  exemption granted in this paragraph is not applicable to any

 4  tax imposed by chapter 220 on interest, income, or profits on

 5  debt obligations owned by corporations.

 6         6.  The participation by any eligible entity in an

 7  alliance or a separate entity created pursuant to this

 8  paragraph may not be deemed a waiver of immunity to the extent

 9  of liability or any other coverage, and a contract entered

10  regarding such alliance is not required to contain any

11  provision for waiver.

12         Section 4.  Paragraph (c) of subsection (4), subsection

13  (6), and paragraph (a) of present subsection (7) of section

14  215.555, Florida Statutes, are amended, present subsections

15  (7) through (15) of that section are redesignated as

16  subsections (8) through (16), respectively, a new subsection

17  (7) is added to that section, and subsections (17), (18), and

18  (19) are added to that section, to read:

19         215.555  Florida Hurricane Catastrophe Fund.--

20         (4)  REIMBURSEMENT CONTRACTS.--

21         (c)1.  The contract shall also provide that the

22  obligation of the board with respect to all contracts covering

23  a particular contract year shall not exceed the actual

24  claims-paying capacity of the fund up to a limit of $15

25  billion for that contract year adjusted based upon the

26  reported exposure from the prior contract year to reflect the

27  percentage growth in exposure to the fund for covered policies

28  since 2003, provided the dollar growth in the limit may not

29  increase in any year by an amount greater than the dollar

30  growth of the balance of the fund as of December 31, less any

31  premiums or interest attributable to optional coverage


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    SB 4-A                                         First Engrossed



 1  selected by insurers pursuant to subsection (17) or subsection

 2  (18), as defined by rule which occurred over the prior

 3  calendar year.

 4         2.  In May before the start of the upcoming contract

 5  year and in October during the contract year, the board shall

 6  publish in the Florida Administrative Weekly a statement of

 7  the fund's estimated borrowing capacity and the projected

 8  balance of the fund as of December 31. After the end of each

 9  calendar year, the board shall notify insurers of the

10  estimated borrowing capacity and the balance of the fund as of

11  December 31 to provide insurers with data necessary to assist

12  them in determining their retention and projected payout from

13  the fund for loss reimbursement purposes. In conjunction with

14  the development of the premium formula, as provided for in

15  subsection (5), the board shall publish factors or multiples

16  that assist insurers in determining their retention and

17  projected payout for the next contract year. For all

18  regulatory and reinsurance purposes, an insurer may calculate

19  its projected payout from the fund as its share of the total

20  fund premium for the current contract year multiplied by the

21  sum of the projected balance of the fund as of December 31 and

22  the estimated borrowing capacity for that contract year as

23  reported under this subparagraph.

24         (6)  REVENUE BONDS FOR FUNDING OBLIGATIONS OF THE

25  FLORIDA HURRICANE CATASTROPHE FUND.--

26         (a)  General provisions.--

27         1.  Upon the occurrence of a hurricane and a

28  determination that the moneys in the fund are or will be

29  insufficient to pay reimbursement at the levels promised in

30  the reimbursement contracts, the board may take the necessary

31  steps under paragraph (c) or paragraph (d) for the issuance of


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    SB 4-A                                         First Engrossed



 1  revenue bonds for the benefit of the fund.  The proceeds of

 2  such revenue bonds may be used to make reimbursement payments

 3  under reimbursement contracts; to refinance or replace

 4  previously existing borrowings or financial arrangements; to

 5  pay interest on bonds; to fund reserves for the bonds; to pay

 6  expenses incident to the issuance or sale of any bond issued

 7  under this section, including costs of validating, printing,

 8  and delivering the bonds, costs of printing the official

 9  statement, costs of publishing notices of sale of the bonds,

10  and related administrative expenses; or for such other

11  purposes related to the financial obligations of the fund as

12  the board may determine. The term of the bonds may not exceed

13  30 years. The board may pledge or authorize the corporation to

14  pledge all or a portion of all revenues under subsection (5)

15  and under paragraph (b) to secure such revenue bonds and the

16  board may execute such agreements between the board and the

17  issuer of any revenue bonds and providers of other financing

18  arrangements under paragraph (8)(b) (7)(b) as the board deems

19  necessary to evidence, secure, preserve, and protect such

20  pledge. If reimbursement premiums received under subsection

21  (5) or earnings on such premiums are used to pay debt service

22  on revenue bonds, such premiums and earnings shall be used

23  only after the use of the moneys derived from assessments

24  under paragraph (b). The funds, credit, property, or taxing

25  power of the state or political subdivisions of the state

26  shall not be pledged for the payment of such bonds. The board

27  may also enter into agreements under paragraph (c) or

28  paragraph (d) for the purpose of issuing revenue bonds in the

29  absence of a hurricane upon a determination that such action

30  would maximize the ability of the fund to meet future

31  obligations.


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    SB 4-A                                         First Engrossed



 1         2.  The Legislature finds and declares that the

 2  issuance of bonds under this subsection is for the public

 3  purpose of paying the proceeds of the bonds to insurers,

 4  thereby enabling insurers to pay the claims of policyholders

 5  to assure that policyholders are able to pay the cost of

 6  construction, reconstruction, repair, restoration, and other

 7  costs associated with damage to property of policyholders of

 8  covered policies after the occurrence of a hurricane.

 9         (b)  Emergency assessments.--

10         1.  If the board determines that the amount of revenue

11  produced under subsection (5) is insufficient to fund the

12  obligations, costs, and expenses of the fund and the

13  corporation, including repayment of revenue bonds and that

14  portion of the debt service coverage not met by reimbursement

15  premiums, the board shall direct the Office of Insurance

16  Regulation to levy, by order, an emergency assessment on

17  direct premiums for all property and casualty lines of

18  business in this state, including property and casualty

19  business of surplus lines insurers regulated under part VIII

20  of chapter 626, but not including any workers' compensation

21  premiums or medical malpractice premiums. As used in this

22  subsection, the term "property and casualty business" includes

23  all lines of business identified on Form 2, Exhibit of

24  Premiums and Losses, in the annual statement required of

25  authorized insurers by s. 624.424 and any rule adopted under

26  this section, except for those lines identified as accident

27  and health insurance and except for policies written under the

28  National Flood Insurance Program. The assessment shall be

29  specified as a percentage of direct written premium and is

30  subject to annual adjustments by the board in order to meet

31  debt obligations. The same percentage shall apply to all


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    SB 4-A                                         First Engrossed



 1  policies in lines of business subject to the assessment issued

 2  or renewed during the 12-month period beginning on the

 3  effective date of the assessment.

 4         2.  A premium is not subject to an annual assessment

 5  under this paragraph in excess of 6 percent of premium with

 6  respect to obligations arising out of losses attributable to

 7  any one contract year, and a premium is not subject to an

 8  aggregate annual assessment under this paragraph in excess of

 9  10 percent of premium. An annual assessment under this

10  paragraph shall continue as long as the revenue bonds issued

11  with respect to which the assessment was imposed are

12  outstanding, including any bonds the proceeds of which were

13  used to refund the revenue bonds, unless adequate provision

14  has been made for the payment of the bonds under the documents

15  authorizing issuance of the bonds.

16         3.  Emergency assessments shall be collected from

17  policyholders. Emergency assessments shall be remitted by

18  insurers as a percentage of direct written premium for the

19  preceding calendar quarter as specified in the order from the

20  Office of Insurance Regulation. The office shall verify the

21  accurate and timely collection and remittance of emergency

22  assessments and shall report the information to the board in a

23  form and at a time specified by the board. Each insurer

24  collecting assessments shall provide the information with

25  respect to premiums and collections as may be required by the

26  office to enable the office to monitor and verify compliance

27  with this paragraph.

28         4.  With respect to assessments of surplus lines

29  premiums, each surplus lines agent shall collect the

30  assessment at the same time as the agent collects the surplus

31  lines tax required by s. 626.932, and the surplus lines agent


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    SB 4-A                                         First Engrossed



 1  shall remit the assessment to the Florida Surplus Lines

 2  Service Office created by s. 626.921 at the same time as the

 3  agent remits the surplus lines tax to the Florida Surplus

 4  Lines Service Office. The emergency assessment on each insured

 5  procuring coverage and filing under s. 626.938 shall be

 6  remitted by the insured to the Florida Surplus Lines Service

 7  Office at the time the insured pays the surplus lines tax to

 8  the Florida Surplus Lines Service Office. The Florida Surplus

 9  Lines Service Office shall remit the collected assessments to

10  the fund or corporation as provided in the order levied by the

11  Office of Insurance Regulation. The Florida Surplus Lines

12  Service Office shall verify the proper application of such

13  emergency assessments and shall assist the board in ensuring

14  the accurate and timely collection and remittance of

15  assessments as required by the board. The Florida Surplus

16  Lines Service Office shall annually calculate the aggregate

17  written premium on property and casualty business, other than

18  workers' compensation and medical malpractice, procured

19  through surplus lines agents and insureds procuring coverage

20  and filing under s. 626.938 and shall report the information

21  to the board in a form and at a time specified by the board.

22         5.  Any assessment authority not used for a particular

23  contract year may be used for a subsequent contract year. If,

24  for a subsequent contract year, the board determines that the

25  amount of revenue produced under subsection (5) is

26  insufficient to fund the obligations, costs, and expenses of

27  the fund and the corporation, including repayment of revenue

28  bonds and that portion of the debt service coverage not met by

29  reimbursement premiums, the board shall direct the Office of

30  Insurance Regulation to levy an emergency assessment up to an

31  amount not exceeding the amount of unused assessment authority


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    SB 4-A                                         First Engrossed



 1  from a previous contract year or years, plus an additional 4

 2  percent provided that the assessments in the aggregate do not

 3  exceed the limits specified in subparagraph 2.

 4         6.  The assessments otherwise payable to the

 5  corporation under this paragraph shall be paid to the fund

 6  unless and until the Office of Insurance Regulation and the

 7  Florida Surplus Lines Service Office have received from the

 8  corporation and the fund a notice, which shall be conclusive

 9  and upon which they may rely without further inquiry, that the

10  corporation has issued bonds and the fund has no agreements in

11  effect with local governments under paragraph (c). On or after

12  the date of the notice and until the date the corporation has

13  no bonds outstanding, the fund shall have no right, title, or

14  interest in or to the assessments, except as provided in the

15  fund's agreement with the corporation.

16         7.  Emergency assessments are not premium and are not

17  subject to the premium tax, to the surplus lines tax, to any

18  fees, or to any commissions. An insurer is liable for all

19  assessments that it collects and must treat the failure of an

20  insured to pay an assessment as a failure to pay the premium.

21  An insurer is not liable for uncollectible assessments.

22         8.  When an insurer is required to return an unearned

23  premium, it shall also return any collected assessment

24  attributable to the unearned premium. A credit adjustment to

25  the collected assessment may be made by the insurer with

26  regard to future remittances that are payable to the fund or

27  corporation, but the insurer is not entitled to a refund.

28         9.  When a surplus lines insured or an insured who has

29  procured coverage and filed under s. 626.938 is entitled to

30  the return of an unearned premium, the Florida Surplus Lines

31  Service Office shall provide a credit or refund to the agent


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    SB 4-A                                         First Engrossed



 1  or such insured for the collected assessment attributable to

 2  the unearned premium prior to remitting the emergency

 3  assessment collected to the fund or corporation.

 4         10.  The exemption of medical malpractice insurance

 5  premiums from emergency assessments under this paragraph is

 6  repealed May 31, 2007, and medical malpractice insurance

 7  premiums shall be subject to emergency assessments

 8  attributable to loss events occurring in the contract years

 9  commencing on June 1, 2007.

10         (c)  Revenue bond issuance through counties or

11  municipalities.--

12         1.  If the board elects to enter into agreements with

13  local governments for the issuance of revenue bonds for the

14  benefit of the fund, the board shall enter into such contracts

15  with one or more local governments, including agreements

16  providing for the pledge of revenues, as are necessary to

17  effect such issuance. The governing body of a county or

18  municipality is authorized to issue bonds as defined in s.

19  125.013 or s. 166.101 from time to time to fund an assistance

20  program, in conjunction with the Florida Hurricane Catastrophe

21  Fund, for the purposes set forth in this section or for the

22  purpose of paying the costs of construction, reconstruction,

23  repair, restoration, and other costs associated with damage to

24  properties of policyholders of covered policies due to the

25  occurrence of a hurricane by assuring that policyholders

26  located in this state are able to recover claims under

27  property insurance policies after a covered event.

28         2.  In order to avoid needless and indiscriminate

29  proliferation, duplication, and fragmentation of such

30  assistance programs, any local government may provide for the

31  payment of fund reimbursements, regardless of whether or not


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    SB 4-A                                         First Engrossed



 1  the losses for which reimbursement is made occurred within or

 2  outside of the territorial jurisdiction of the local

 3  government.

 4         3.  The state hereby covenants with holders of bonds

 5  issued under this paragraph that the state will not repeal or

 6  abrogate the power of the board to direct the Office of

 7  Insurance Regulation to levy the assessments and to collect

 8  the proceeds of the revenues pledged to the payment of such

 9  bonds as long as any such bonds remain outstanding unless

10  adequate provision has been made for the payment of such bonds

11  pursuant to the documents authorizing the issuance of such

12  bonds.

13         4.  There shall be no liability on the part of, and no

14  cause of action shall arise against any members or employees

15  of the governing body of a local government for any actions

16  taken by them in the performance of their duties under this

17  paragraph.

18         (d)  Florida Hurricane Catastrophe Fund Finance

19  Corporation.--

20         1.  In addition to the findings and declarations in

21  subsection (1), the Legislature also finds and declares that:

22         a.  The public benefits corporation created under this

23  paragraph will provide a mechanism necessary for the

24  cost-effective and efficient issuance of bonds. This mechanism

25  will eliminate unnecessary costs in the bond issuance process,

26  thereby increasing the amounts available to pay reimbursement

27  for losses to property sustained as a result of hurricane

28  damage.

29         b.  The purpose of such bonds is to fund reimbursements

30  through the Florida Hurricane Catastrophe Fund to pay for the

31  costs of construction, reconstruction, repair, restoration,


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    SB 4-A                                         First Engrossed



 1  and other costs associated with damage to properties of

 2  policyholders of covered policies due to the occurrence of a

 3  hurricane.

 4         c.  The efficacy of the financing mechanism will be

 5  enhanced by the corporation's ownership of the assessments, by

 6  the insulation of the assessments from possible bankruptcy

 7  proceedings, and by covenants of the state with the

 8  corporation's bondholders.

 9         2.a.  There is created a public benefits corporation,

10  which is an instrumentality of the state, to be known as the

11  Florida Hurricane Catastrophe Fund Finance Corporation.

12         b.  The corporation shall operate under a five-member

13  board of directors consisting of the Governor or a designee,

14  the Chief Financial Officer or a designee, the Attorney

15  General or a designee, the director of the Division of Bond

16  Finance of the State Board of Administration, and the senior

17  employee of the State Board of Administration responsible for

18  operations of the Florida Hurricane Catastrophe Fund.

19         c.  The corporation has all of the powers of

20  corporations under chapter 607 and under chapter 617, subject

21  only to the provisions of this subsection.

22         d.  The corporation may issue bonds and engage in such

23  other financial transactions as are necessary to provide

24  sufficient funds to achieve the purposes of this section.

25         e.  The corporation may invest in any of the

26  investments authorized under s. 215.47.

27         f.  There shall be no liability on the part of, and no

28  cause of action shall arise against, any board members or

29  employees of the corporation for any actions taken by them in

30  the performance of their duties under this paragraph.

31  


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    SB 4-A                                         First Engrossed



 1         3.a.  In actions under chapter 75 to validate any bonds

 2  issued by the corporation, the notice required by s. 75.06

 3  shall be published only in Leon County and in two newspapers

 4  of general circulation in the state, and the complaint and

 5  order of the court shall be served only on the State Attorney

 6  of the Second Judicial Circuit.

 7         b.  The state hereby covenants with holders of bonds of

 8  the corporation that the state will not repeal or abrogate the

 9  power of the board to direct the Office of Insurance

10  Regulation to levy the assessments and to collect the proceeds

11  of the revenues pledged to the payment of such bonds as long

12  as any such bonds remain outstanding unless adequate provision

13  has been made for the payment of such bonds pursuant to the

14  documents authorizing the issuance of such bonds.

15         4.  The bonds of the corporation are not a debt of the

16  state or of any political subdivision, and neither the state

17  nor any political subdivision is liable on such bonds. The

18  corporation does not have the power to pledge the credit, the

19  revenues, or the taxing power of the state or of any political

20  subdivision. The credit, revenues, or taxing power of the

21  state or of any political subdivision shall not be deemed to

22  be pledged to the payment of any bonds of the corporation.

23         5.a.  The property, revenues, and other assets of the

24  corporation; the transactions and operations of the

25  corporation and the income from such transactions and

26  operations; and all bonds issued under this paragraph and

27  interest on such bonds are exempt from taxation by the state

28  and any political subdivision, including the intangibles tax

29  under chapter 199 and the income tax under chapter 220. This

30  exemption does not apply to any tax imposed by chapter 220 on

31  interest, income, or profits on debt obligations owned by


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    SB 4-A                                         First Engrossed



 1  corporations other than the Florida Hurricane Catastrophe Fund

 2  Finance Corporation.

 3         b.  All bonds of the corporation shall be and

 4  constitute legal investments without limitation for all public

 5  bodies of this state; for all banks, trust companies, savings

 6  banks, savings associations, savings and loan associations,

 7  and investment companies; for all administrators, executors,

 8  trustees, and other fiduciaries; for all insurance companies

 9  and associations and other persons carrying on an insurance

10  business; and for all other persons who are now or may

11  hereafter be authorized to invest in bonds or other

12  obligations of the state and shall be and constitute eligible

13  securities to be deposited as collateral for the security of

14  any state, county, municipal, or other public funds. This

15  sub-subparagraph shall be considered as additional and

16  supplemental authority and shall not be limited without

17  specific reference to this sub-subparagraph.

18         6.  The corporation and its corporate existence shall

19  continue until terminated by law; however, no such law shall

20  take effect as long as the corporation has bonds outstanding

21  unless adequate provision has been made for the payment of

22  such bonds pursuant to the documents authorizing the issuance

23  of such bonds. Upon termination of the existence of the

24  corporation, all of its rights and properties in excess of its

25  obligations shall pass to and be vested in the state.

26         (e)  Protection of bondholders.--

27         1.  As long as the corporation has any bonds

28  outstanding, neither the fund nor the corporation shall have

29  the authority to file a voluntary petition under chapter 9 of

30  the federal Bankruptcy Code or such corresponding chapter or

31  sections as may be in effect, from time to time, and neither


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    SB 4-A                                         First Engrossed



 1  any public officer nor any organization, entity, or other

 2  person shall authorize the fund or the corporation to be or

 3  become a debtor under chapter 9 of the federal Bankruptcy Code

 4  or such corresponding chapter or sections as may be in effect,

 5  from time to time, during any such period.

 6         2.  The state hereby covenants with holders of bonds of

 7  the corporation that the state will not limit or alter the

 8  denial of authority under this paragraph or the rights under

 9  this section vested in the fund or the corporation to fulfill

10  the terms of any agreements made with such bondholders or in

11  any way impair the rights and remedies of such bondholders as

12  long as any such bonds remain outstanding unless adequate

13  provision has been made for the payment of such bonds pursuant

14  to the documents authorizing the issuance of such bonds.

15         3.  Notwithstanding any other provision of law, any

16  pledge of or other security interest in revenue, money,

17  accounts, contract rights, general intangibles, or other

18  personal property made or created by the fund or the

19  corporation shall be valid, binding, and perfected from the

20  time such pledge is made or other security interest attaches

21  without any physical delivery of the collateral or further act

22  and the lien of any such pledge or other security interest

23  shall be valid, binding, and perfected against all parties

24  having claims of any kind in tort, contract, or otherwise

25  against the fund or the corporation irrespective of whether or

26  not such parties have notice of such claims. No instrument by

27  which such a pledge or security interest is created nor any

28  financing statement need be recorded or filed.

29         (f)  Limitation.--The Florida Hurricane Fund Finance

30  Corporation may not be used to fund obligations under

31  subsection (19).


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    SB 4-A                                         First Engrossed



 1         (7)  REVENUE BONDS FOR FUNDING OBLIGATIONS OF THE

 2  FLORIDA HURRICANE EXCESS LOSS PROGRAM.--

 3         (a)  General provisions.--

 4         1.  Upon a determination by law that any moneys

 5  dedicated or otherwise available to the Florida Hurricane

 6  Excess Loss Program (FHELP) are or will be insufficient to pay

 7  for the amount of the state's liability for losses under the

 8  FHELP, and a designation by law of a source of revenue from

 9  which appropriations will be made to satisfy loan obligations

10  or to secure bonds, the board may take the necessary steps

11  under paragraph (b) to authorize the Florida Hurricane Excess

12  Loss Program Finance Corporation to satisfy loan obligations

13  or to issue bonds for the payment of such losses. The proceeds

14  of such bonds may be used to make payments for such losses; to

15  refinance or replace previously existing borrowings or

16  financial arrangements; to pay interest on bonds; to fund

17  reserves for the bonds; to pay expenses incident to the

18  issuance or sale of any bond issued under this paragraph,

19  including costs of validating, printing, and delivering the

20  bonds, costs of printing the official statement, costs of

21  publishing notices of sale of the bonds, and related

22  administrative expenses; or for such other purposes related to

23  the financial obligations of the FHELP as the board may

24  determine. The term of the bonds may not exceed 30 years. The

25  board and the Florida Hurricane Excess Loss Program Finance

26  Corporation may pledge all or a portion of all revenues

27  available from appropriations from the source designated by

28  law to secure such bonds and the board may execute such

29  agreements between the board and such corporation as the board

30  considers necessary to evidence, secure, preserve, and protect

31  such pledge. The credit, property, or taxing power of the


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    SB 4-A                                         First Engrossed



 1  state or political subdivisions of the state may not be

 2  pledged for the payment of such bonds. The bonds shall be

 3  payable only from revenues specifically appropriated for such

 4  purpose or from any other funds or revenues of the Florida

 5  Hurricane Excess Loss Program Finance Corporation which are

 6  pledged for such purpose. It is the intent of the Legislature

 7  that initial funding for the FHELP shall be provided from up

 8  to 10 percent of state revenues, which may include covenants

 9  to appropriate and budget, as may be necessary.

10         2.  The Legislature finds and declares that the

11  issuance of bonds under this subsection is for the public

12  purpose of paying the proceeds of the bonds to insured

13  policyholders and to ensure that such policyholders are able

14  to pay the cost of construction, reconstruction, repair,

15  restoration, and other costs associated with damage to their

16  residential property after the occurrence of a hurricane, and

17  that the issuance of the bonds is essential to protect the

18  health, safety, and welfare of citizens of the state.

19         (b)  Florida Hurricane Excess Loss Program Finance

20  Corporation.--

21         1.  In addition to the findings and declarations in

22  paragraph (a) and subsection (19), the Legislature also finds

23  and declares that:

24         a.  The public benefits corporation created under this

25  paragraph will provide a mechanism necessary for the

26  cost-effective and efficient issuance of bonds. This mechanism

27  will eliminate unnecessary costs in the bond-issuance process,

28  thereby increasing the amounts available to pay reimbursement

29  for losses to property sustained as a result of hurricane

30  damage.

31  


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    SB 4-A                                         First Engrossed



 1         b.  The purpose of such bonds is to fund reimbursements

 2  through the FHELP to pay for the costs of construction,

 3  reconstruction, repair, restoration, and other costs

 4  associated with damage to properties of policyholders of

 5  covered policies due to the occurrence of a hurricane.

 6         c.  The efficacy of the financing mechanism will be

 7  enhanced by the corporation's ownership of the assessments, by

 8  the insulation of the assessments from possible bankruptcy

 9  proceedings, and by covenants of the state with the

10  corporation's bondholders.

11         2.a.  There is created a public benefits corporation,

12  which is an instrumentality of the state, to be known as the

13  Florida Hurricane Excess Loss Program Finance Corporation.

14         b.  The corporation shall operate under a five-member

15  board of directors consisting of the Governor or a designee,

16  the Chief Financial Officer or a designee, the Attorney

17  General or a designee, the director of the Division of Bond

18  Finance of the Florida Board of Administration, and the senior

19  employee of the Florida Board of Administration responsible

20  for operations of the Florida Hurricane Catastrophe Fund.

21         c.  The corporation has all of the powers of

22  corporations under chapter 607 and under chapter 617, subject

23  only to the provisions of this subsection.

24         d.  The corporation may issue bonds and engage in such

25  other financial transactions as are necessary to provide

26  sufficient funds to achieve the purposes of this section.

27         e.  The corporation may invest in any of the

28  investments authorized under s. 215.47.

29         f.  There shall be no liability on the part of, and no

30  cause of action shall arise against, any board members or

31  


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    SB 4-A                                         First Engrossed



 1  employees of the corporation for any actions taken by them in

 2  the performance of their duties under this paragraph.

 3         3.a.  In actions under chapter 75 to validate any bonds

 4  issued by the corporation, the notice required by s. 75.06

 5  shall be published only in Leon County and in two newspapers

 6  of general circulation in the state, and the complaint and

 7  order of the court shall be served only on the State Attorney

 8  of the Second Judicial Circuit.

 9         b.  The state hereby covenants with holders of bonds of

10  the corporation that the state will not repeal or abrogate the

11  power of the board to collect the proceeds of the revenues

12  pledged to the payment of such bonds as long as any such bonds

13  remain outstanding unless adequate provision has been made for

14  the payment of such bonds pursuant to the documents

15  authorizing the issuance of such bonds.

16         4.  The bonds of the corporation are not a debt of the

17  state or of any political subdivision, and neither the state

18  nor any political subdivision is liable on such bonds. The

19  corporation does not have the power to pledge the credit, the

20  revenues, or the taxing power of the state or of any political

21  subdivision. The credit, revenues, or taxing power of the

22  state or of any political subdivision shall not be deemed to

23  be pledged to the payment of any bonds of the corporation.

24         5.a.  The property, revenues, and other assets of the

25  corporation, the transactions and operations of the

26  corporation and the income from such transactions and

27  operations, and all bonds issued under this paragraph and

28  interest on such bonds are exempt from taxation by the state

29  and any political subdivision, including the intangibles tax

30  under chapter 199 and the income tax under chapter 220. This

31  exemption does not apply to any tax imposed by chapter 220 on


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    SB 4-A                                         First Engrossed



 1  interest, income, or profits on debt obligations owned by

 2  corporations other than the Florida Hurricane Excess Loss

 3  Program Finance Corporation.

 4         b.  All bonds of the corporation shall be and

 5  constitute legal investments without limitation for all public

 6  bodies of this state; for all banks, trust companies, savings

 7  banks, savings associations, savings and loan associations,

 8  and investment companies; for all administrators, executors,

 9  trustees, and other fiduciaries; for all insurance companies

10  and associations and other persons carrying on an insurance

11  business; and for all other persons who are now or may

12  hereafter be authorized to invest in bonds or other

13  obligations of the state and shall be and constitute eligible

14  securities to be deposited as collateral for the security of

15  any state, county, municipal, or other public funds. This

16  sub-subparagraph shall be considered as additional and

17  supplemental authority and may not be limited without specific

18  reference to this sub-subparagraph.

19         6.  The corporation and its corporate existence shall

20  continue until terminated by law; however, such law may not

21  take effect as long as the corporation has bonds outstanding

22  unless adequate provision has been made for the payment of

23  such bonds pursuant to the documents authorizing the issuance

24  of such bonds. Upon termination of the existence of the

25  corporation, all of its rights and properties in excess of its

26  obligations shall pass to and be vested in the state.

27         (c)  Protection of bondholders.--

28         1.  As long as the corporation has any bonds

29  outstanding, neither the fund nor the corporation shall have

30  the authority to file a voluntary petition under chapter 9 of

31  the federal Bankruptcy Code or such corresponding chapter or


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    SB 4-A                                         First Engrossed



 1  sections as may be in effect, from time to time, and neither

 2  any public officer nor any organization, entity, or other

 3  person shall authorize the fund or the corporation to be or

 4  become a debtor under chapter 9 of the federal Bankruptcy Code

 5  or such corresponding chapter or sections as may be in effect,

 6  from time to time, during any such period.

 7         2.  The state hereby covenants with holders of bonds of

 8  the corporation that the state will not limit or alter the

 9  denial of authority under this paragraph or the rights under

10  this section vested in the fund or the corporation to fulfill

11  the terms of any agreements made with such bondholders or in

12  any way impair the rights and remedies of such bondholders as

13  long as any such bonds remain outstanding unless adequate

14  provision has been made for the payment of such bonds pursuant

15  to the documents authorizing the issuance of such bonds.

16         3.  Notwithstanding any other provision of law, any

17  pledge of or other security interest in revenue, money,

18  accounts, contract rights, general intangibles, or other

19  personal property made or created by the fund or the

20  corporation shall be valid, binding, and perfected from the

21  time such pledge is made or other security interest attaches

22  without any physical delivery of the collateral or further act

23  and the lien of any such pledge or other security interest

24  shall be valid, binding, and perfected against all parties

25  having claims of any kind in tort, contract, or otherwise

26  against the fund or the corporation irrespective of whether or

27  not such parties have notice of such claims. No instrument by

28  which such a pledge or security interest is created nor any

29  financing statement need be recorded or filed.

30         (d)  The Florida Hurricane Excess Loss Program Finance

31  Corporation may not be used to fund obligations that are


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    SB 4-A                                         First Engrossed



 1  incurred by the coverage afforded under the Florida Hurricane

 2  Catastrophe Fund, including any retention levels or

 3  copayments, whether for mandatory coverage or optional

 4  coverages.

 5         (8)(7)  ADDITIONAL POWERS AND DUTIES.--

 6         (a)  The board may procure reinsurance from reinsurers

 7  acceptable to the Office of Insurance Regulation for the

 8  purpose of maximizing the capacity of the fund and may enter

 9  into capital market transactions, including, but not limited

10  to, industry loss warranties, catastrophe bonds, side car

11  arrangements, or financial contracts permissible for the

12  board's usage under s. 215.47(10) and (11), consistent with

13  prudent management of the fund.

14         (17)  TEMPORARY INCREASE IN COVERAGE LIMIT OPTIONS.--

15         (a)  Findings and intent.--

16         1.  The Legislature finds that:

17         a.  Because of temporary disruptions in the market for

18  catastrophic reinsurance, many property insurers were unable

19  to procure sufficient amounts of such reinsurance for the 2006

20  hurricane season or were able to procure such reinsurance only

21  by incurring substantially higher costs than in prior years.

22         b.  The reinsurance market problems were responsible,

23  at least in part, for substantial premium increases to many

24  consumers and increases in the number of policies issued by

25  Citizens Property Insurance Corporation.

26         c.  It is likely that the reinsurance market

27  disruptions will not significantly abate prior to the 2007

28  hurricane season.

29         2.  It is the intent of the Legislature to create

30  options for insurers to purchase a temporary increased

31  coverage limit above the statutorily determined limit in


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    SB 4-A                                         First Engrossed



 1  subparagraph (4)(c)1., applicable for the 2007 and 2008

 2  hurricane seasons, to address market disruptions and enable

 3  insurers, at their option, to procure additional coverage from

 4  the Florida Hurricane Catastrophe Fund. It is the further

 5  intent of the Legislature to structure this coverage in a

 6  manner that requires insurers to pay premiums that are

 7  comparable to the premiums the insurer would have paid for

 8  comparable reinsurance coverage but for the current emergency

 9  in the reinsurance market and also in a manner that minimizes

10  subsidies from the general public over the long run by

11  providing the optional increase in coverage limit for 2 years.

12         (b)  Applicability of other provisions of this

13  section.--All provisions of this section and the rules adopted

14  under this section apply to the coverage created by this

15  subsection unless specifically superseded by provisions in

16  this subsection.

17         (c)  Additional definitions.--As used in this

18  subsection, the term:

19         1.  "FHCF" means Florida Hurricane Catastrophe Fund.

20         2.  "FHCF reimbursement premium" means the premium paid

21  by an insurer for its coverage as a mandatory participant in

22  the FHCF, but does not include additional premiums for

23  optional coverages.

24         3.  "Payout multiple" means defined as the number or

25  multiple created by dividing the statutorily defined

26  claims-paying capacity as determined in subparagraph (4)(c)1.

27  by the aggregate reimbursement premiums paid by all insurers

28  estimated or projected as of calendar year-end.

29         4.  "TICL" means the temporary increase in coverage

30  limit.

31  


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    SB 4-A                                         First Engrossed



 1         5.  "TICL options" means the temporary increase in

 2  coverage options created under this subsection.

 3         6.  "TICL insurer" means an insurer that has opted to

 4  obtain coverage under the TICL options addendum in addition to

 5  the coverage provided to the insurer under its FHCF

 6  reimbursement contract.

 7         7.  "TICL reimbursement premium" means the premium

 8  charged by the fund for coverage provided under the TICL

 9  option.

10         8.  "TICL coverage multiple" means the coverage

11  multiple when multiplied by an insurer's reimbursement premium

12  that defines the temporary increase in coverage limit.

13         9.  "TICL coverage" means the coverage for an insurer's

14  losses above the insurer's statutorily determined

15  claims-paying capacity based on the claims-paying limit in

16  subparagraph (4)(c)1., which an insurer selects as its

17  temporary increase in coverage from the fund under the TICL

18  options selected. A TICL insurer's increased coverage limit

19  options shall be calculated as follows:

20         a.  The board shall calculate and report to each TICL

21  insurer the TICL coverage multiples based on three options for

22  increasing the insurer's FHCF coverage limit. Each TICL

23  coverage multiple shall be calculated by dividing $1 billion,

24  $2 billion, or $3 billion by the total estimated aggregate

25  FHCF reimbursement premiums for the 2007-2008 reimbursement

26  contract year and for the 2008-2009 reimbursement contract

27  year.

28         b.  The TICL insurer's increased coverage shall be the

29  FHCF reimbursement premium multiplied by the TICL coverage

30  multiple. In order to determine an insurer's total limit of

31  coverage, an insurer shall add its TICL coverage multiple to


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    SB 4-A                                         First Engrossed



 1  its payout multiple. The total shall represent a number that,

 2  when multiplied by an insurer's FHCF reimbursement premium for

 3  a given reimbursement contract year, defines an insurer's

 4  total limit of FHCF reimbursement coverage for that

 5  reimbursement contract year.

 6         10.  "TICL options addendum" means an addendum to the

 7  reimbursement contract reflecting the obligations of the fund

 8  and insurers selecting an option to increase an insurer's FHCF

 9  coverage limit.

10         (d)  TICL options addendum.--

11         1.  The TICL options addendum shall provide for

12  reimbursement of TICL insurers for covered events occurring

13  between June 1, 2007, and May 31, 2008, and between June 1,

14  2008, and May 31, 2009, in exchange for the TICL reimbursement

15  premium paid into the fund under paragraph (e). Any insurer

16  writing covered policies has the option of selecting an

17  increased limit of coverage under the TICL options addendum

18  and shall select such coverage at the time that it executes

19  the FHCF reimbursement contract.

20         2.  The TICL addendum shall contain a promise by the

21  board to reimburse the TICL insurer for 45 percent, 75

22  percent, or 90 percent of its losses from each covered event

23  in excess of the insurer's retention, plus 5 percent of the

24  reimbursed losses to cover loss adjustment expenses. The

25  percentage shall be the same as the coverage level selected by

26  the insurer under paragraph (4)(b).

27         3.  The TICL addendum shall provide that reimbursement

28  amounts shall not be reduced by reinsurance paid or payable to

29  the insurer from other sources.

30  

31  


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    SB 4-A                                         First Engrossed



 1         4.  The priorities, schedule, and method of

 2  reimbursements under the TICL addendum shall be the same as

 3  provided under subsection (4).

 4         (e)  TICL reimbursement premiums.--

 5         1.  Each TICL insurer shall pay to the fund, in the

 6  manner and at the time provided in the reimbursement contract

 7  for payment of reimbursement premiums, a TICL reimbursement

 8  premium calculated as specified in this paragraph.

 9         2.  Each insurer's TICL premium shall be calculated

10  based on the additional limit of increased coverage that it

11  selects. Such limit is determined by multiplying the TICL

12  multiple associated with one of the three options times the

13  insurer's FHCF reimbursement premium. For the amount of

14  increased coverage based on the option of using $1 billion to

15  derive the TICL multiple, the rate-on-line for such coverage

16  shall be 20 percent. For the option using $2 billion, the

17  rate-on-line shall be 17.5 percent and for the option using $3

18  billion, the rate-on-line shall be 15 percent.

19         (f)  Effect on claims-paying capacity of the fund.--For

20  the contract terms commencing June 1, 2007, and April 1, 2008,

21  the program created by this subsection shall increase the

22  claims-paying capacity of the fund as provided in subparagraph

23  (4)(c)1. by an amount not to exceed $3 billion dollars and

24  shall depend on the TICL coverage options selected and the

25  number of insurers that select the TICL optional coverage. The

26  additional capacity shall apply only to the additional

27  coverage provided under the TICL options and shall not

28  otherwise affect any insurer's reimbursement from the fund if

29  the insurer chooses not to select the temporary option to

30  increase its limit of coverage under the FHCF.

31         (18)  FLORIDA HURRICANE EXCESS LOSS PROGRAM.--


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    SB 4-A                                         First Engrossed



 1         (a)  The Legislature finds and declares as follows:

 2         1.  There is a compelling state interest in maintaining

 3  a viable and orderly private-sector market for property

 4  insurance in this state and ensuring that premiums for

 5  property insurance are affordable. Increased premiums and

 6  assessments may force policyholders to sell their homes and

 7  even leave the state, which poses a serious threat to the

 8  economy of the state and the essential economic value of home

 9  ownership.

10         2.  As a result of unprecedented levels of catastrophic

11  insured losses in recent years, and especially as a result of

12  Hurricanes Charlie, Jeanne, Francis, Ivan, Dennis, Katrina,

13  Rita, and Wilma, insurers are facing increased demands from

14  regulators, rating agencies, and investors to obtain

15  reinsurance to cover multiple catastrophic events at a time

16  when reinsurance availability has been limited, reinsurance

17  costs have substantially increased, and hurricane

18  loss-projection models are reportedly being revised to

19  increase expected hurricane losses, all causing further

20  disruption in the reinsurance and property insurance market.

21         3.  Providing a limitation of liability on property

22  insurers above amounts that are covered by the Florida

23  Hurricane Catastrophe Fund and assuming state liability for

24  such amounts will enable insurers to limit its purchase of

25  reinsurance and limit their exposure to losses under such

26  amounts, with corresponding premium savings to residential

27  property insurance policyholders in the state.

28         (b)  All provisions of this section and rules adopted

29  under this section apply to the program created by this

30  subsection, except as otherwise provided in this section or as

31  superseded by this subsection.


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    SB 4-A                                         First Engrossed



 1         (c)  As used in this subsection, the term:

 2         1.  "FHCF" means Florida Hurricane Catastrophe Fund.

 3         2.  "FHELP" means Florida Hurricane Excess Loss

 4  Program.

 5         3.  "FHELP retention" means the sum of the insurer's

 6  FHCF retention as defined in paragraph (2)(e), plus the

 7  insurer's limit of FHCF coverage as determined in subparagraph

 8  (4)(c)2., plus the insurer's copayments associated with the

 9  coverage selected as provided for in paragraph (4)(b),

10  including the maximum limits of coverage available to the

11  insurer under the Temporary Increased Coverage Limit (TICL)

12  option pursuant to subsection (18), whether or not selected by

13  the insurer, but only for those years when the TICL option is

14  available.

15         4.  "FHELP payout multiple" means the factor or number

16  derived by dividing the difference in the industry FHELP

17  coverage limit and the industry FHELP retention by the

18  estimated aggregate FHCF premium paid by all insurers for the

19  mandatory FHCF coverage for the contract year calculated at

20  the time the premium formula is determined.

21         (d)  There is created the Florida Hurricane Excess Loss

22  Program to be administered by the State Board of

23  Administration. The board may adopt such rules as are

24  reasonable and necessary to administer this subsection and

25  provide for the operation of the FHELP. The board may employ

26  or contract with such staff and professionals as the board

27  considers necessary for the administration of the FHELP. The

28  board shall administer the FHELP in conjunction with the FHCF;

29  however, in all other respects, the operation, accounts,

30  assets, liabilities, rights, and obligations of the FHELP

31  shall be segregated from those of the FHCF and shall not in


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    SB 4-A                                         First Engrossed



 1  any way affect the operation, accounts, assets, liabilities,

 2  rights, and obligations of the FHCF. Any moneys attributable

 3  to the FHELP shall be subject to the same limitations and

 4  investment restrictions as provide for under subsection (3).

 5         (e)1.  Beginning with the FHCF reimbursement contract

 6  year on June 1, 2007, the board shall require a contract

 7  addendum be executed by each FHCF participating insurer that

 8  obligates the state to provide FHELP coverage in exchange for

 9  the insurer's obligation to pay and service all claims covered

10  by FHELP. The execution of the addendum shall be a requirement

11  and a condition of doing business in this state for all

12  insurers writing covered policies.

13         2.  The FHELP addendum shall require that the state

14  assume liability under the FHELP for 90 percent of losses

15  under a covered policy from each covered event in excess of

16  the insurer's FHELP retention up to the insurer's FHELP limit.

17  The insurer's FHELP limit is determined by multiplying the

18  insurer's FHCF reimbursement premium by the FHELP payout

19  multiple. The FHELP addendum shall also require that the state

20  reimburse the insurer for 5 percent of the reimbursed losses

21  to cover loss-adjustment expenses.

22         3.  The FHELP addendum shall also provide that the

23  obligation of the board with respect to all contracts covering

24  a particular contract year shall not exceed the industry FHELP

25  coverage limit. For the 2007 contract year, the industry FHELP

26  coverage limit is $23 billion in excess of the industry FHELP

27  retention. The industry FHELP coverage limit shall be adjusted

28  each year based upon the reported exposure from the prior

29  contract year to reflect the percentage growth in exposure to

30  the fund.

31  


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    SB 4-A                                         First Engrossed



 1         4.  The FHELP addendum shall provide that reimbursement

 2  amounts shall not be reduced by reinsurance paid or payable to

 3  the insurer from other sources.

 4         5.  The priorities, schedule, and method of

 5  reimbursements under the FHELP addendum shall be the same as

 6  provided under subsection (4).

 7         (f)  Insurers are not be required to pay premiums for

 8  FHELP coverage, which shall be funded pursuant to subsection

 9  (7). Such coverage shall be funded separately and apart from

10  the obligations of the Florida Hurricane Catastrophe Fund and

11  any revenue bonds issued by the Florida Hurricane Catastrophe

12  Fund Finance Corporation.

13         Section 5.  (1)  An insurer that elects the TEACO or

14  TICL coverage options offered by the Florida Hurricane

15  Catastrophe Fund, as required to be offered by this act, must

16  make a rate filing with the Office of Insurance Regulation,

17  pursuant to the "file and use" provisions of s.

18  627.062(2)(a)1., Florida Statutes, which reflects any savings

19  or reduction in loss exposure to the insurer. An insurer may

20  not obtain a rate increase due to the election of the TEACO or

21  TICL coverage options.

22         (2)  All residential property insurers must make a rate

23  filing with the Office of Insurance Regulation, pursuant to

24  the "file and use" provisions of s. 627.062(2)(a)1., Florida

25  Statutes, to decrease rates to reflect the reduction in loss

26  exposure due to the state assumption of liability for

27  hurricane losses pursuant to the Florida Hurricane Excess Loss

28  Program, as created by this act.

29         (3)  The office shall specify, by order, the date or

30  dates on which the rate filings required by this section must

31  


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    SB 4-A                                         First Engrossed



 1  be made and be effective in order to provide rate relief to

 2  policyholders a soon as practicable.

 3         (4)  An insurer may not implement a rate change under

 4  the "use and file" rate procedures of s. 627.062(2)(a)2.,

 5  Florida Statutes, for a period of 1 year after the effective

 6  date of a rate filing required by this section for a policy

 7  that is subject to such a rate filing.

 8         (5)  By March 15, 2007, the Office of Insurance

 9  Regulation shall calculate a presumed factor to be used in the

10  rate filings required by this section to reflect the impact to

11  rates of the changes made by section 4 and this section.

12         (6)  In determining the presumed factor, the Office of

13  Insurance Regulation shall use generally accepted actuarial

14  techniques and standards in determining the expected impact on

15  losses, expenses, and investment income of insurers.

16         (7)  The office may contract with an appropriate vendor

17  to determine the presumed factor.

18         (8)  Each residential property insurer shall reflect a

19  rate change that takes into account the presumed factor

20  determined under subsection (5) for any policy written or

21  renewed on or after June 1, 2007.

22         (9)  The sum of $250,000 in nonrecurring funds is

23  appropriated from the Insurance Regulatory Trust Fund in the

24  Department of Financial Services to the Office of Insurance

25  Regulation for the 2006-2007 fiscal year for the purpose of

26  implementing this section.

27         Section 6.  Subsection (2) of section 215.5586, Florida

28  Statutes, is amended to read:

29         215.5586  Florida Comprehensive Hurricane Damage

30  Mitigation Program.--There is established within the

31  Department of Financial Services the Florida Comprehensive


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    SB 4-A                                         First Engrossed



 1  Hurricane Damage Mitigation Program. This section does not

 2  create an entitlement for property owners or obligate the

 3  state in any way to fund the inspection or retrofitting of

 4  residential property in this state. Implementation of this

 5  program is subject to annual legislative appropriations. The

 6  program shall be administered by an individual with prior

 7  executive experience in the private sector in the areas of

 8  insurance, business, or construction. The program shall

 9  develop and implement a comprehensive and coordinated approach

10  for hurricane damage mitigation that shall include the

11  following:

12         (2)  GRANTS.--Financial grants shall be used to

13  encourage single-family, site-built, owner-occupied,

14  residential property owners to protect retrofit their

15  properties to make them less vulnerable to hurricane damage.

16         (a)  To be eligible for a grant, a residential property

17  must:

18         1.  Have been granted a homestead exemption under

19  chapter 196.

20         2.  Be a dwelling with an insured value of $500,000 or

21  less.

22         3.  Have undergone an acceptable wind certification and

23  hurricane mitigation inspection or use hurricane-protection

24  products tested by the International Hurricane Research Center

25  at Florida International University.

26  

27  A residential property which is part of a multifamily

28  residential unit may receive a grant only if all homeowners

29  participate and the total number of units does not exceed

30  four.

31  


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    SB 4-A                                         First Engrossed



 1         (b)  All grants must be matched on a dollar-for-dollar

 2  basis for a total of $10,000 for the mitigation project with

 3  the state's contribution not to exceed $5,000.

 4         (c)  The program shall create a process in which

 5  mitigation contractors agree to participate and seek

 6  reimbursement from the state and homeowners select from a list

 7  of participating contractors. All mitigation must be based

 8  upon the securing of all required local permits and

 9  inspections. Mitigation projects are subject to random

10  reinspection of up to at least 10 percent of all projects.

11         (d)  Matching fund grants shall also be made available

12  to local governments and nonprofit entities for projects that

13  will reduce hurricane damage to single-family, site-built,

14  owner-occupied, residential property.

15         (e)  Grants may be used for the following improvements:

16         1.  Roof deck attachment;

17         2.  Secondary water barrier;

18         3.  Roof covering, including a weighted roof-protection

19  system that may be installed by an approved contractor or

20  homeowner;

21         4.  Brace gable ends;

22         5.  Reinforce roof-to-wall connections;

23         6.  Opening protection; and

24         7.  Exterior doors, including garage doors.

25         (f)  Low-income homeowners, as defined in s.

26  420.0004(9), who otherwise meet the requirements of paragraphs

27  (a) and (c) are eligible for a grant of up to $5,000 and are

28  not required to provide a matching amount to receive the

29  grant. Such grants shall be used to retrofit single-family,

30  site-built, owner-occupied, residential properties in order to

31  make them less vulnerable to hurricane damage.


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    SB 4-A                                         First Engrossed



 1         Section 7.  Paragraph (a) of subsection (3) of section

 2  215.559, Florida Statutes, is amended to read:

 3         215.559  Hurricane Loss Mitigation Program.--

 4         (3)(a)  Forty percent of the total appropriation in

 5  paragraph (2)(a) shall be used to inspect and improve

 6  tie-downs or other securing fixtures for mobile homes.

 7         Section 8.  Section 350.012, Florida Statutes, is

 8  amended to read:

 9         350.012  Committee on Public Service Commission and

10  Insurance Oversight; creation; membership; powers and

11  duties.--

12         (1)  There is created a standing joint committee of the

13  Legislature, designated the Committee on Public Service

14  Commission and Insurance Oversight, and composed of 12 members

15  appointed as follows: six members of the Senate appointed by

16  the President of the Senate, two of whom must be members of

17  the minority party; and six members of the House of

18  Representatives appointed by the Speaker of the House of

19  Representatives, two of whom must be members of the minority

20  party. The terms of members shall be for 2 years and shall run

21  from the organization of one Legislature to the organization

22  of the next Legislature. The President shall appoint the chair

23  of the committee in even-numbered years and the vice chair in

24  odd-numbered years, and the Speaker of the House of

25  Representatives shall appoint the chair of the committee in

26  odd-numbered years and the vice chair in even-numbered years,

27  from among the committee membership. Vacancies shall be filled

28  in the same manner as the original appointment. Members shall

29  serve without additional compensation, but shall be reimbursed

30  for expenses.

31         (2)  The committee shall:


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    SB 4-A                                         First Engrossed



 1         (a)  Recommend to the Governor nominees to fill a

 2  vacancy on the Public Service Commission, as provided by

 3  general law; and

 4         (b)  Appoint a Public Counsel as provided by general

 5  law; and.

 6         (c)  Confirm or reject the appointment by the Chief

 7  Financial Officer of the Insurance Consumer Advocate, as

 8  provided in s. 350.0615.

 9         (3)  The committee is authorized to file a complaint

10  with the Commission on Ethics alleging a violation of this

11  chapter by a commissioner, former commissioner, former

12  commission employee, or member of the Public Service

13  Commission Nominating Council.

14         (4)  The committee will not have a permanent staff, but

15  the President of the Senate and the Speaker of the House of

16  Representatives shall select staff members from among existing

17  legislative staff, when and as needed.

18         Section 9.  Section 350.0611, Florida Statutes, is

19  amended to read:

20         350.0611  Public Counsel; duties and powers.--It shall

21  be the duty of the Public Counsel to provide legal

22  representation for the people of the state in proceedings

23  before the commission and in proceedings before counties

24  pursuant to s. 367.171(8). The Public Counsel shall have such

25  powers as are necessary to carry out the duties of his or her

26  office, including, but not limited to, the following specific

27  powers:

28         (1)  To recommend to the commission or the counties, by

29  petition, the commencement of any proceeding or action or to

30  appear, in the name of the state or its citizens, in any

31  proceeding or action before the commission or the counties and


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    SB 4-A                                         First Engrossed



 1  urge therein any position which he or she deems to be in the

 2  public interest, whether consistent or inconsistent with

 3  positions previously adopted by the commission or the

 4  counties, and utilize therein all forms of discovery available

 5  to attorneys in civil actions generally, subject to protective

 6  orders of the commission or the counties which shall be

 7  reviewable by summary procedure in the circuit courts of this

 8  state;

 9         (2)  To have access to and use of all files, records,

10  and data of the commission or the counties available to any

11  other attorney representing parties in a proceeding before the

12  commission or the counties;

13         (3)  In any proceeding in which he or she has

14  participated as a party, to seek review of any determination,

15  finding, or order of the commission or the counties, or of any

16  hearing examiner designated by the commission or the counties,

17  in the name of the state or its citizens;

18         (4)  To prepare and issue reports, recommendations, and

19  proposed orders to the commission, the Governor, and the

20  Legislature on any matter or subject within the jurisdiction

21  of the commission, and to make such recommendations as he or

22  she deems appropriate for legislation relative to commission

23  procedures, rules, jurisdiction, personnel, and functions; and

24         (5)  To appear before other state agencies, federal

25  agencies, and state and federal courts in connection with

26  matters under the jurisdiction of the commission, in the name

27  of the state or its citizens; and.

28         (6)  To represent, through the Insurance Consumer

29  Advocate, the general public of the state on matters related

30  to the regulation of insurance before the Office of Insurance

31  


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    SB 4-A                                         First Engrossed



 1  Regulation, the Department of Financial Services, and the

 2  Financial Services Commission, as provided in s. 350.0615.

 3         Section 10.  Section 350.0613, Florida Statutes, is

 4  amended to read:

 5         350.0613  Public Counsel; employees; receipt of

 6  pleadings.--The committee may authorize the Public Counsel to

 7  employ clerical and technical assistants whose qualifications,

 8  duties, and responsibilities the committee shall from time to

 9  time prescribe. The committee may from time to time authorize

10  retention of the services of additional attorneys, actuaries,

11  economists, or experts to the extent that the best interests

12  of the people of the state will be better served thereby,

13  including the retention of expert witnesses and other

14  technical personnel for participation in contested proceedings

15  before the Public Service Commission, the Office of Insurance

16  Regulation, the Department of Financial Services, or the

17  Financial Services Commission. The Public Service Commission

18  shall furnish the Public Counsel with copies of the initial

19  pleadings in all proceedings before the commission. The Office

20  of Insurance Regulation, the Financial Services Commission,

21  and the Department of Financial Services shall furnish the

22  Public Counsel with copies of all filings, as requested by the

23  Public Counsel or under such criteria as requested by the

24  Public Counsel, which relate to the jurisdiction of the

25  Insurance Consumer Advocate pursuant to s. 350.0615., and If

26  the Public Counsel or Insurance Consumer Advocate intervenes

27  as a party in any proceeding he or she shall be served with

28  copies of all subsequent pleadings, exhibits, and prepared

29  testimony, if used. Upon filing notice of intervention, the

30  Public Counsel or Insurance Consumer Advocate shall serve all

31  


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    SB 4-A                                         First Engrossed



 1  interested parties with copies of such notice and all of his

 2  or her subsequent pleadings and exhibits.

 3         Section 11.  Section 350.0615, Florida Statutes, is

 4  created to read:

 5         350.0615  Insurance Consumer Advocate.--The Chief

 6  Financial Officer shall appoint the Insurance Consumer

 7  Advocate, who shall be subject to confirmation by the

 8  Committee on Public Service Commission and Insurance

 9  Oversight. The Insurance Consumer Advocate shall represent the

10  general public of the state on matters related to the

11  regulation of insurance before the Office of Insurance

12  Regulation, the Department of Financial Services, and the

13  Financial Services Commission. The Insurance Consumer Advocate

14  shall report directly to and be engaged as an employee of the

15  Public Counsel as a Deputy Public Counsel. The Public Counsel

16  shall provide administrative and staff support to the

17  Insurance Consumer Advocate. The Insurance Consumer Advocate

18  has all powers that are necessary to carry out his or her

19  duties, including, but not limited to, the powers to:

20         (1)  Recommend to the office, department, or

21  commission, by petition, the commencement of any proceeding or

22  action; to appear in any proceeding or action before the

23  office, department, or commission; and to appear in any

24  proceeding before the Division of Administrative Hearings

25  relating to insurance matters under the jurisdiction of the

26  office, department, or commission.

27         (2)  Have access to and use of all files, records, and

28  data of the office, department, or commission.

29         (3)  Examine all rate and form filings submitted to the

30  office, hire consultants as necessary to aid in the review

31  process, and recommend to the office, department, commission,


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    SB 4-A                                         First Engrossed



 1  or Legislature any position considered by the Insurance

 2  Consumer Advocate to be in the public interest.

 3         Section 12.  Section 395.1060, Florida Statutes, is

 4  created to read:

 5         395.1060  Risk pooling by certain hospitals and

 6  hospital systems.--

 7         (1)  Notwithstanding any other provision of law, any

 8  two or more Florida-licensed hospitals located in this state

 9  may form an alliance for the purpose of pooling and spreading

10  liabilities of its members relative to property exposure or

11  securing such property insurance coverage for the benefit of

12  its members, provided the alliance that is created must:

13         (a)  Have annual premiums in excess of $3 million;

14         (b)  Maintain a continuing program of premium

15  calculation and evaluation and reserve evaluation to protect

16  the financial stability of the alliance in an amount and

17  manner determined by consultants using catastrophic (CAT)

18  modeling criteria or other risk-estimating methodologies,

19  including those used by qualified and independent actuaries;

20         (c)  Cause to be prepared annually a fiscal year-end

21  financial statement in accordance with generally accepted

22  accounting principles and audited by an independent certified

23  public accountant within 6 months after the end of the fiscal

24  year; and

25         (d)  Have a governing body comprised entirely of member

26  entities whose representatives on such governing body are

27  specified by the organizational documents of the alliance.

28         (2)  For purposes of this section, the term:

29         (a)  "Alliance" means a corporation, association,

30  limited liability company, or partnership or any other legal

31  entity formed by a group of eligible entities.


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    SB 4-A                                         First Engrossed



 1         (b)  "Property coverage" means coverage provided by

 2  self-insurance or insurance for real or personal property of

 3  every kind and every interest in such property against loss or

 4  damage from any hazard or cause and against any loss

 5  consequential to such loss or damage.

 6         (3)  An alliance that meets the requirements of this

 7  section is not subject to any provision of the Florida

 8  Insurance Code.

 9         (4)  An alliance that meets the requirements of this

10  section is not an insurer for purposes of participation in or

11  coverage by the Florida Insurance Guaranty Association

12  established in part II of chapter 631. Alliance self-insured

13  coverage is not subject to insurance premium tax, nor shall

14  any such alliance pursuant to this section be assessed for

15  purposes of s. 627.351 or s. 215.555.

16         Section 13.  Section 553.73, Florida Statutes, is

17  amended to read:

18         553.73  Florida Building Code.--

19         (1)(a)  The commission shall adopt, by rule pursuant to

20  ss. 120.536(1) and 120.54, the Florida Building Code which

21  shall contain or incorporate by reference all laws and rules

22  which pertain to and govern the design, construction,

23  erection, alteration, modification, repair, and demolition of

24  public and private buildings, structures, and facilities and

25  enforcement of such laws and rules, except as otherwise

26  provided in this section.

27         (b)  The technical portions of the Florida

28  Accessibility Code for Building Construction shall be

29  contained in their entirety in the Florida Building Code. The

30  civil rights portions and the technical portions of the

31  accessibility laws of this state shall remain as currently


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    SB 4-A                                         First Engrossed



 1  provided by law. Any revision or amendments to the Florida

 2  Accessibility Code for Building Construction pursuant to part

 3  II shall be considered adopted by the commission as part of

 4  the Florida Building Code. Neither the commission nor any

 5  local government shall revise or amend any standard of the

 6  Florida Accessibility Code for Building Construction except as

 7  provided for in part II.

 8         (c)  The Florida Fire Prevention Code and the Life

 9  Safety Code shall be referenced in the Florida Building Code,

10  but shall be adopted, modified, revised, or amended,

11  interpreted, and maintained by the Department of Financial

12  Services by rule adopted pursuant to ss. 120.536(1) and

13  120.54. The Florida Building Commission may not adopt a fire

14  prevention or lifesafety code, and nothing in the Florida

15  Building Code shall affect the statutory powers, duties, and

16  responsibilities of any fire official or the Department of

17  Financial Services.

18         (d)  Conflicting requirements between the Florida

19  Building Code and the Florida Fire Prevention Code and Life

20  Safety Code of the state established pursuant to ss. 633.022

21  and 633.025 shall be resolved by agreement between the

22  commission and the State Fire Marshal in favor of the

23  requirement that offers the greatest degree of lifesafety or

24  alternatives that would provide an equivalent degree of

25  lifesafety and an equivalent method of construction. If the

26  commission and State Fire Marshal are unable to agree on a

27  resolution, the question shall be referred to a mediator,

28  mutually agreeable to both parties, to resolve the conflict in

29  favor of the provision that offers the greatest lifesafety, or

30  alternatives that would provide an equivalent degree of

31  lifesafety and an equivalent method of construction.


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    SB 4-A                                         First Engrossed



 1         (e)  Subject to the provisions of this act,

 2  responsibility for enforcement, interpretation, and regulation

 3  of the Florida Building Code shall be vested in a specified

 4  local board or agency, and the words "local government" and

 5  "local governing body" as used in this part shall be construed

 6  to refer exclusively to such local board or agency.

 7         (2)  The Florida Building Code shall contain provisions

 8  or requirements for public and private buildings, structures,

 9  and facilities relative to structural, mechanical, electrical,

10  plumbing, energy, and gas systems, existing buildings,

11  historical buildings, manufactured buildings, elevators,

12  coastal construction, lodging facilities, food sales and food

13  service facilities, health care facilities, including assisted

14  living facilities, adult day care facilities, hospice

15  residential and inpatient facilities and units, and facilities

16  for the control of radiation hazards, public or private

17  educational facilities, swimming pools, and correctional

18  facilities and enforcement of and compliance with such

19  provisions or requirements. Further, the Florida Building Code

20  must provide for uniform implementation of ss. 515.25, 515.27,

21  and 515.29 by including standards and criteria for residential

22  swimming pool barriers, pool covers, latching devices, door

23  and window exit alarms, and other equipment required therein,

24  which are consistent with the intent of s. 515.23. Technical

25  provisions to be contained within the Florida Building Code

26  are restricted to requirements related to the types of

27  materials used and construction methods and standards employed

28  in order to meet criteria specified in the Florida Building

29  Code. Provisions relating to the personnel, supervision or

30  training of personnel, or any other professional qualification

31  requirements relating to contractors or their workforce may


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    SB 4-A                                         First Engrossed



 1  not be included within the Florida Building Code, and

 2  subsections (4), (5), (6), and (7), and (8) are not to be

 3  construed to allow the inclusion of such provisions within the

 4  Florida Building Code by amendment. This restriction applies

 5  to both initial development and amendment of the Florida

 6  Building Code.

 7         (3)  The commission shall select from available

 8  national or international model building codes, or other

 9  available building codes and standards currently recognized by

10  the laws of this state, to form the foundation for the Florida

11  Building Code. The commission may modify the selected model

12  codes and standards as needed to accommodate the specific

13  needs of this state. Standards or criteria referenced by the

14  selected model codes shall be similarly incorporated by

15  reference.  If a referenced standard or criterion requires

16  amplification or modification to be appropriate for use in

17  this state, only the amplification or modification shall be

18  specifically set forth in the Florida Building Code. The

19  Florida Building Commission may approve technical amendments

20  to the code, subject to the requirements of subsections (7)

21  and (8), after the amendments have been subject to the

22  following conditions:

23         (a)  The proposed amendment has been published on the

24  commission's website for a minimum of 45 days and all the

25  associated documentation has been made available to any

26  interested party before any consideration by any Technical

27  Advisory Committee;

28         (b)  In order for a Technical Advisory Committee to

29  make a favorable recommendation to the commission, the

30  proposal must receive a three-fourths vote of the members

31  present at the Technical Advisory Committee meeting and at


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    SB 4-A                                         First Engrossed



 1  least half of the regular members must be present in order to

 2  conduct a meeting;

 3         (c)  After Technical Advisory Committee consideration

 4  and a recommendation for approval of any proposed amendment,

 5  the proposal must be published on the commission's website for

 6  not less than 45 days before any consideration by the

 7  commission; and

 8         (d)  Any proposal may be modified by the commission

 9  based on public testimony and evidence from a public hearing

10  held in accordance with chapter 120.

11  

12  The commission shall incorporate within sections of the

13  Florida Building Code provisions which address regional and

14  local concerns and variations. The commission shall make every

15  effort to minimize conflicts between the Florida Building

16  Code, the Florida Fire Prevention Code, and the Life Safety

17  Code.

18         (4)(a)  All entities authorized to enforce the Florida

19  Building Code pursuant to s. 553.80 shall comply with

20  applicable standards for issuance of mandatory certificates of

21  occupancy, minimum types of inspections, and procedures for

22  plans review and inspections as established by the commission

23  by rule. Local governments may adopt amendments to the

24  administrative provisions of the Florida Building Code,

25  subject to the limitations of this paragraph. Local amendments

26  shall be more stringent than the minimum standards described

27  herein and shall be transmitted to the commission within 30

28  days after enactment.  The local government shall make such

29  amendments available to the general public in a usable format.

30  The State Fire Marshal is responsible for establishing the

31  standards and procedures required in this paragraph for


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    SB 4-A                                         First Engrossed



 1  governmental entities with respect to applying the Florida

 2  Fire Prevention Code and the Life Safety Code.

 3         (b)  Local governments may, subject to the limitations

 4  of this section, adopt amendments to the technical provisions

 5  of the Florida Building Code which apply solely within the

 6  jurisdiction of such government and which provide for more

 7  stringent requirements than those specified in the Florida

 8  Building Code, not more than once every 6 months. A local

 9  government may adopt technical amendments that address local

10  needs if:

11         1.  The local governing body determines, following a

12  public hearing which has been advertised in a newspaper of

13  general circulation at least 10 days before the hearing, that

14  there is a need to strengthen the requirements of the Florida

15  Building Code. The determination must be based upon a review

16  of local conditions by the local governing body, which review

17  demonstrates by evidence or data that the geographical

18  jurisdiction governed by the local governing body exhibits a

19  local need to strengthen the Florida Building Code beyond the

20  needs or regional variation addressed by the Florida Building

21  Code, that the local need is addressed by the proposed local

22  amendment, and that the amendment is no more stringent than

23  necessary to address the local need.

24         2.  Such additional requirements are not discriminatory

25  against materials, products, or construction techniques of

26  demonstrated capabilities.

27         3.  Such additional requirements may not introduce a

28  new subject not addressed in the Florida Building Code.

29         4.  The enforcing agency shall make readily available,

30  in a usable format, all amendments adopted pursuant to this

31  section.


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    SB 4-A                                         First Engrossed



 1         5.  Any amendment to the Florida Building Code shall be

 2  transmitted within 30 days by the adopting local government to

 3  the commission.  The commission shall maintain copies of all

 4  such amendments in a format that is usable and obtainable by

 5  the public. Local technical amendments shall not become

 6  effective until 30 days after the amendment has been received

 7  and published by the commission.

 8         6.  Any amendment to the Florida Building Code adopted

 9  by a local government pursuant to this paragraph shall be

10  effective only until the adoption by the commission of the new

11  edition of the Florida Building Code every third year. At such

12  time, the commission shall review such amendment for

13  consistency with the criteria in paragraph (8)(a) (7)(a) and

14  adopt such amendment as part of the Florida Building Code or

15  rescind the amendment. The commission shall immediately notify

16  the respective local government of the rescission of any

17  amendment. After receiving such notice, the respective local

18  government may readopt the rescinded amendment pursuant to the

19  provisions of this paragraph.

20         7.  Each county and municipality desiring to make local

21  technical amendments to the Florida Building Code shall by

22  interlocal agreement establish a countywide compliance review

23  board to review any amendment to the Florida Building Code,

24  adopted by a local government within the county pursuant to

25  this paragraph, that is challenged by any substantially

26  affected party for purposes of determining the amendment's

27  compliance with this paragraph. If challenged, the local

28  technical amendments shall not become effective until time for

29  filing an appeal pursuant to subparagraph 8. has expired or,

30  if there is an appeal, until the commission issues its final

31  


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 1  order determining the adopted amendment is in compliance with

 2  this subsection.

 3         8.  If the compliance review board determines such

 4  amendment is not in compliance with this paragraph, the

 5  compliance review board shall notify such local government of

 6  the noncompliance and that the amendment is invalid and

 7  unenforceable until the local government corrects the

 8  amendment to bring it into compliance. The local government

 9  may appeal the decision of the compliance review board to the

10  commission. If the compliance review board determines such

11  amendment to be in compliance with this paragraph, any

12  substantially affected party may appeal such determination to

13  the commission. Any such appeal shall be filed with the

14  commission within 14 days of the board's written

15  determination. The commission shall promptly refer the appeal

16  to the Division of Administrative Hearings for the assignment

17  of an administrative law judge. The administrative law judge

18  shall conduct the required hearing within 30 days, and shall

19  enter a recommended order within 30 days of the conclusion of

20  such hearing. The commission shall enter a final order within

21  30 days thereafter. The provisions of chapter 120 and the

22  uniform rules of procedure shall apply to such proceedings.

23  The local government adopting the amendment that is subject to

24  challenge has the burden of proving that the amendment

25  complies with this paragraph in proceedings before the

26  compliance review board and the commission, as applicable.

27  Actions of the commission are subject to judicial review

28  pursuant to s. 120.68. The compliance review board shall

29  determine whether its decisions apply to a respective local

30  jurisdiction or apply countywide.

31  


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    SB 4-A                                         First Engrossed



 1         9.  An amendment adopted under this paragraph shall

 2  include a fiscal impact statement which documents the costs

 3  and benefits of the proposed amendment.  Criteria for the

 4  fiscal impact statement shall include the impact to local

 5  government relative to enforcement, the impact to property and

 6  building owners, as well as to industry, relative to the cost

 7  of compliance. The fiscal impact statement may not be used as

 8  a basis for challenging the amendment for compliance.

 9         10.  In addition to subparagraphs 7. and 9., the

10  commission may review any amendments adopted pursuant to this

11  subsection and make nonbinding recommendations related to

12  compliance of such amendments with this subsection.

13         (c)  Any amendment adopted by a local enforcing agency

14  pursuant to this subsection shall not apply to state or school

15  district owned buildings, manufactured buildings or

16  factory-built school buildings approved by the commission, or

17  prototype buildings approved pursuant to s. 553.77(3). The

18  respective responsible entities shall consider the physical

19  performance parameters substantiating such amendments when

20  designing, specifying, and constructing such exempt buildings.

21         (5)  The initial adoption of, and any subsequent update

22  or amendment to, the Florida Building Code by the commission

23  is deemed adopted for use statewide without adoptions by local

24  government. For a building permit for which an application is

25  submitted prior to the effective date of the Florida Building

26  Code, the state minimum building code in effect in the

27  permitting jurisdiction on the date of the application governs

28  the permitted work for the life of the permit and any

29  extension granted to the permit.

30         (6)(a)  The commission, by rule adopted pursuant to ss.

31  120.536(1) and 120.54, shall update the Florida Building Code


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 1  every 3 years. When updating the Florida Building Code, the

 2  commission shall select the most current version of the

 3  International Building Code, the International Fuel Gas Code,

 4  the International Mechanical Code, the International Plumbing

 5  Code, and the International Residential Code, all of which are

 6  adopted by the International Code Council, and the National

 7  Electrical Code, which is adopted by the National Fire

 8  Protection Association, to form the foundation codes of the

 9  updated Florida Building Code, if the version has been adopted

10  by the applicable model code entity and made available to the

11  public at least 6 months prior to its selection by the

12  commission.

13         (b)  Codes regarding noise contour lines shall be

14  reviewed annually, and the most current federal guidelines

15  shall be adopted.

16         (c)  The commission may modify any portion of the

17  foundation codes only as needed to accommodate the specific

18  needs of this state, maintaining Florida-specific amendments

19  previously adopted by the commission and not addressed by the

20  updated foundation code. Standards or criteria referenced by

21  the codes shall be incorporated by reference. If a referenced

22  standard or criterion requires amplification or modification

23  to be appropriate for use in this state, only the

24  amplification or modification shall be set forth in the

25  Florida Building Code. The commission may approve technical

26  amendments to the updated Florida Building Code after the

27  amendments have been subject to the conditions set forth in

28  paragraphs (3)(a)-(d). Amendments to the foundation codes

29  which are adopted in accordance with this subsection shall be

30  clearly marked in printed versions of the Florida Building

31  


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 1  Code so that the fact that the provisions are Florida-specific

 2  amendments to the foundation codes is readily apparent.

 3         (d)  The commission shall further consider the

 4  commission's own interpretations, declaratory statements,

 5  appellate decisions, and approved statewide and local

 6  technical amendments and shall incorporate such

 7  interpretations, statements, decisions, and amendments into

 8  the updated Florida Building Code only to the extent that they

 9  are needed to modify the foundation codes to accommodate the

10  specific needs of the state. A change made by an institute or

11  standards organization to any standard or criterion that is

12  adopted by reference in the Florida Building Code does not

13  become effective statewide until it has been adopted by the

14  commission. Furthermore, the edition of the Florida Building

15  Code which is in effect on the date of application for any

16  permit authorized by the code governs the permitted work for

17  the life of the permit and any extension granted to the

18  permit.

19         (e)  A rule updating the Florida Building Code in

20  accordance with this subsection shall take effect no sooner

21  than 6 months after publication of the updated code. Any

22  amendment to the Florida Building Code which is adopted upon a

23  finding by the commission that the amendment is necessary to

24  protect the public from immediate threat of harm takes effect

25  immediately.

26         (f)  Provisions of the foundation codes, including

27  those contained in referenced standards and criteria, relating

28  to wind resistance or the prevention of water intrusion may

29  not be modified to diminish those construction requirements;

30  however, the commission may, subject to conditions in this

31  


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 1  subsection, modify the provisions to enhance those

 2  construction requirements.

 3         (7)(f)  Upon the conclusion of a triennial update to

 4  the Florida Building Code, notwithstanding the provisions of

 5  this subsection or subsection (3) or subsection (6), the

 6  commission may address issues identified in this subsection

 7  paragraph by amending the code pursuant only to the rule

 8  adoption procedures contained in chapter 120. Provisions of

 9  the Florida Building Code, including those contained in

10  referenced standards and criteria, relating to wind resistance

11  or the prevention of water intrusion may not be amended

12  pursuant to this subsection to diminish those construction

13  requirements; however, the commission may, subject to

14  conditions in this subsection, amend the provisions to enhance

15  those construction requirements. Following the approval of any

16  amendments to the Florida Building Code by the commission and

17  publication of the amendments on the commission's website,

18  authorities having jurisdiction to enforce the Florida

19  Building Code may enforce the amendments. The commission may

20  approve amendments that are needed to address:

21         (a)1.  Conflicts within the updated code;

22         (b)2.  Conflicts between the updated code and the

23  Florida Fire Prevention Code adopted pursuant to chapter 633;

24         (c)3.  The omission of previously adopted

25  Florida-specific amendments to the updated code if such

26  omission is not supported by a specific recommendation of a

27  technical advisory committee or particular action by the

28  commission; or

29         (d)4.  Unintended results from the integration of

30  previously adopted Florida-specific amendments with the model

31  code.


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 1         (8)(7)(a)  The commission may approve technical

 2  amendments to the Florida Building Code once each year for

 3  statewide or regional application upon a finding that the

 4  amendment:

 5         1.  Is needed in order to accommodate the specific

 6  needs of this state.

 7         2.  Has a reasonable and substantial connection with

 8  the health, safety, and welfare of the general public.

 9         3.  Strengthens or improves the Florida Building Code,

10  or in the case of innovation or new technology, will provide

11  equivalent or better products or methods or systems of

12  construction.

13         4.  Does not discriminate against materials, products,

14  methods, or systems of construction of demonstrated

15  capabilities.

16         5.  Does not degrade the effectiveness of the Florida

17  Building Code.

18  

19  Furthermore, the Florida Building Commission may approve

20  technical amendments to the code once each year to incorporate

21  into the Florida Building Code its own interpretations of the

22  code which are embodied in its opinions, final orders,

23  declaratory statements, and interpretations of hearing officer

24  panels under s. 553.775(3)(c), but shall do so only to the

25  extent that incorporation of interpretations is needed to

26  modify the foundation codes to accommodate the specific needs

27  of this state. Amendments approved under this paragraph shall

28  be adopted by rule pursuant to ss. 120.536(1) and 120.54,

29  after the amendments have been subjected to the provisions of

30  subsection (3).

31  


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 1         (b)  A proposed amendment shall include a fiscal impact

 2  statement which documents the costs and benefits of the

 3  proposed amendment.  Criteria for the fiscal impact statement

 4  shall be established by rule by the commission and shall

 5  include the impact to local government relative to

 6  enforcement, the impact to property and building owners, as

 7  well as to industry, relative to the cost of compliance.

 8         (c)  The commission may not approve any proposed

 9  amendment that does not accurately and completely address all

10  requirements for amendment which are set forth in this

11  section. The commission shall require all proposed amendments

12  and information submitted with proposed amendments to be

13  reviewed by commission staff prior to consideration by any

14  technical advisory committee. These reviews shall be for

15  sufficiency only and are not intended to be qualitative in

16  nature. Staff members shall reject any proposed amendment that

17  fails to include a fiscal impact statement. Proposed

18  amendments rejected by members of the staff may not be

19  considered by the commission or any technical advisory

20  committee.

21         (d)  Provisions of the Florida Building Code, including

22  those contained in referenced standards and criteria, relating

23  to wind resistance or the prevention of water intrusion may

24  not be amended pursuant to this subsection to diminish those

25  construction requirements; however, the commission may,

26  subject to conditions in this subsection, amend the provisions

27  to enhance those construction requirements.

28         (9)(8)  The following buildings, structures, and

29  facilities are exempt from the Florida Building Code as

30  provided by law, and any further exemptions shall be as

31  determined by the Legislature and provided by law:


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 1         (a)  Buildings and structures specifically regulated

 2  and preempted by the Federal Government.

 3         (b)  Railroads and ancillary facilities associated with

 4  the railroad.

 5         (c)  Nonresidential farm buildings on farms.

 6         (d)  Temporary buildings or sheds used exclusively for

 7  construction purposes.

 8         (e)  Mobile or modular structures used as temporary

 9  offices, except that the provisions of part II relating to

10  accessibility by persons with disabilities shall apply to such

11  mobile or modular structures.

12         (f)  Those structures or facilities of electric

13  utilities, as defined in s. 366.02, which are directly

14  involved in the generation, transmission, or distribution of

15  electricity.

16         (g)  Temporary sets, assemblies, or structures used in

17  commercial motion picture or television production, or any

18  sound-recording equipment used in such production, on or off

19  the premises.

20         (h)  Storage sheds that are not designed for human

21  habitation and that have a floor area of 720 square feet or

22  less are not required to comply with the mandatory

23  wind-borne-debris-impact standards of the Florida Building

24  Code.

25         (i)  Chickees constructed by the Miccosukee Tribe of

26  Indians of Florida or the Seminole Tribe of Florida. As used

27  in this paragraph, the term "chickee" means an open-sided

28  wooden hut that has a thatched roof of palm or palmetto or

29  other traditional materials, and that does not incorporate any

30  electrical, plumbing, or other nonwood features.

31  


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 1  With the exception of paragraphs (a), (b), (c), and (f), in

 2  order to preserve the health, safety, and welfare of the

 3  public, the Florida Building Commission may, by rule adopted

 4  pursuant to chapter 120, provide for exceptions to the broad

 5  categories of buildings exempted in this section, including

 6  exceptions for application of specific sections of the code or

 7  standards adopted therein. The Department of Agriculture and

 8  Consumer Services shall have exclusive authority to adopt by

 9  rule, pursuant to chapter 120, exceptions to nonresidential

10  farm buildings exempted in paragraph (c) when reasonably

11  necessary to preserve public health, safety, and welfare. The

12  exceptions must be based upon specific criteria, such as

13  under-roof floor area, aggregate electrical service capacity,

14  HVAC system capacity, or other building requirements. Further,

15  the commission may recommend to the Legislature additional

16  categories of buildings, structures, or facilities which

17  should be exempted from the Florida Building Code, to be

18  provided by law.

19         (10)(9)(a)  In the event of a conflict between the

20  Florida Building Code and the Florida Fire Prevention Code and

21  the Life Safety Code as applied to a specific project, the

22  conflict shall be resolved by agreement between the local

23  building code enforcement official and the local fire code

24  enforcement official in favor of the requirement of the code

25  which offers the greatest degree of lifesafety or alternatives

26  which would provide an equivalent degree of lifesafety and an

27  equivalent method of construction.

28         (b)  Any decision made by the local fire official and

29  the local building official may be appealed to a local

30  administrative board designated by the municipality, county,

31  or special district having firesafety responsibilities. If the


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 1  decision of the local fire official and the local building

 2  official is to apply the provisions of either the Florida

 3  Building Code or the Florida Fire Prevention Code and the Life

 4  Safety Code, the board may not alter the decision unless the

 5  board determines that the application of such code is not

 6  reasonable.  If the decision of the local fire official and

 7  the local building official is to adopt an alternative to the

 8  codes, the local administrative board shall give due regard to

 9  the decision rendered by the local officials and may modify

10  that decision if the administrative board adopts a better

11  alternative, taking into consideration all relevant

12  circumstances.  In any case in which the local administrative

13  board adopts alternatives to the decision rendered by the

14  local fire official and the local building official, such

15  alternatives shall provide an equivalent degree of lifesafety

16  and an equivalent method of construction as the decision

17  rendered by the local officials.

18         (c)  If the local building official and the local fire

19  official are unable to agree on a resolution of the conflict

20  between the Florida Building Code and the Florida Fire

21  Prevention Code and the Life Safety Code, the local

22  administrative board shall resolve the conflict in favor of

23  the code which offers the greatest degree of lifesafety or

24  alternatives which would provide an equivalent degree of

25  lifesafety and an equivalent method of construction.

26         (d)  All decisions of the local administrative board,

27  or if none exists, the decisions of the local building

28  official and the local fire official, are subject to review by

29  a joint committee composed of members of the Florida Building

30  Commission and the Fire Code Advisory Council. If the joint

31  committee is unable to resolve conflicts between the codes as


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 1  applied to a specific project, the matter shall be resolved

 2  pursuant to the provisions of paragraph (1)(d).

 3         (e)  The local administrative board shall, to the

 4  greatest extent possible, be composed of members with

 5  expertise in building construction and firesafety standards.

 6         (f)  All decisions of the local building official and

 7  local fire official and all decisions of the administrative

 8  board shall be in writing and shall be binding upon all

 9  persons but shall not limit the authority of the State Fire

10  Marshal or the Florida Building Commission pursuant to

11  paragraph (1)(d) and ss. 663.01 and 633.161. Decisions of

12  general application shall be indexed by building and fire code

13  sections and shall be available for inspection during normal

14  business hours.

15         (11)(10)  Except within coastal building zones as

16  defined in s. 161.54, specification standards developed by

17  nationally recognized code promulgation organizations to

18  determine compliance with engineering criteria of the Florida

19  Building Code for wind load design shall not apply to one or

20  two family dwellings which are two stories or less in height

21  unless approved by the commission for use or unless expressly

22  made subject to said standards and criteria by local ordinance

23  adopted in accordance with the provisions of subsection (4).

24         (12)(11)  The Florida Building Code does not apply to,

25  and no code enforcement action shall be brought with respect

26  to, zoning requirements, land use requirements, and owner

27  specifications or programmatic requirements which do not

28  pertain to and govern the design, construction, erection,

29  alteration, modification, repair, or demolition of public or

30  private buildings, structures, or facilities or to

31  programmatic requirements that do not pertain to enforcement


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 1  of the Florida Building Code.  Additionally, a local code

 2  enforcement agency may not administer or enforce the Florida

 3  Building Code to prevent the siting of any publicly owned

 4  facility, including, but not limited to, correctional

 5  facilities, juvenile justice facilities, or state

 6  universities, community colleges, or public education

 7  facilities, as provided by law.

 8         Section 14.  Subsection (2) of section 553.775, Florida

 9  Statutes, is amended to read:

10         553.775  Interpretations.--

11         (2)  Local enforcement agencies, local building

12  officials, state agencies, and the commission shall interpret

13  provisions of the Florida Building Code in a manner that is

14  consistent with declaratory statements and interpretations

15  entered by the commission, except that conflicts between the

16  Florida Fire Prevention Code and the Florida Building Code

17  shall be resolved in accordance with s. 553.73(10)(c) and (d)

18  s. 553.73(9)(c) and (d).

19         Section 15.  Upon the effective date of this act, each

20  jurisdiction having authority to enforce the Florida Building

21  Code shall, at a minimum, require wind-borne-debris protection

22  in accordance with s. 1609.1, International Building Code

23  (2006) and the International Residential Code (2006) within

24  the "wind-borne-debris region" as that term is defined in s.

25  1609.2, International Building Code (2006), and s. R301.2,

26  International Residential Code (2006).

27         Section 16.  (1)  The Florida Building Commission shall

28  amend the Florida Building Code to reflect the application of

29  provisions identified in section 553.73, Florida Statutes, and

30  to eliminate all exceptions that provide less stringent

31  requirements. The amendments by the commission shall apply


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 1  throughout the state with the exception of the High Velocity

 2  Hurricane Zone, which shall be governed as currently provided

 3  within the Florida Building Code. The commission shall, in

 4  addition, amend the code to require that, at a minimum, in

 5  areas where the applicable design wind speed is less than 120

 6  miles per hour, all new residences are designed and

 7  constructed to withstand internal pressures. The commission

 8  shall fulfill these obligations before July 1, 2007, pursuant

 9  only to the provisions of chapter 120, Florida Statutes.

10         (2)  The Florida Building Commission shall develop

11  voluntary "Code Plus" guidelines for increasing the hurricane

12  resistance of buildings. The guidelines must be modeled on the

13  requirements for the High Velocity Hurricane Zone and must

14  identify products, systems, and methods of construction that

15  the commission anticipates could result in stronger

16  construction. The commission shall include these guidelines in

17  its report to the 2008 Legislature.

18         Section 17.  Paragraph (b) of subsection (3) of section

19  624.319, Florida Statutes, is amended to read:

20         624.319  Examination and investigation reports.--

21         (3)

22         (b)  Workpapers and other information held by the

23  department or office, and workpapers and other information

24  received from another governmental entity or the National

25  Association of Insurance Commissioners, for the department's

26  or office's use in the performance of its examination or

27  investigation duties pursuant to this section and ss. 624.316,

28  624.3161, 624.317, and 624.318 are confidential and exempt

29  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

30  the State Constitution.  This exemption applies to workpapers

31  and other information held by the department or office before,


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 1  on, or after the effective date of this exemption. Such

 2  confidential and exempt information may be disclosed to

 3  another governmental entity, if disclosure is necessary for

 4  the receiving entity to perform its duties and

 5  responsibilities, and may be disclosed to the National

 6  Association of Insurance Commissioners. The Public Counsel and

 7  the Insurance Consumer Advocate shall have access to such

 8  confidential and exempt information pertaining to insurance at

 9  any time. The receiving governmental entity or the association

10  must maintain the confidential and exempt status of the

11  information.  The information made confidential and exempt by

12  this paragraph may be used in a criminal, civil, or

13  administrative proceeding so long as the confidential and

14  exempt status of such information is maintained. This

15  paragraph is subject to the Open Government Sunset Review Act

16  of 1995 in accordance with s. 119.15 and shall stand repealed

17  on October 2, 2007, unless reviewed and saved from repeal

18  through reenactment by the Legislature.

19         Section 18.  Paragraph (a) of subsection (2) of section

20  624.462, Florida Statutes, is amended to read:

21         624.462  Commercial self-insurance funds.--

22         (2)  As used in ss. 624.460-624.488, "commercial

23  self-insurance fund" or "fund" means a group of members,

24  operating individually and collectively through a trust or

25  corporation, that must be:

26         (a)  Established by:

27         1.  A not-for-profit trade association, industry

28  association, or professional association of employers or

29  professionals which has a constitution or bylaws, which is

30  incorporated under the laws of this state, and which has been

31  organized for purposes other than that of obtaining or


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 1  providing insurance and operated in good faith for a

 2  continuous period of 1 year;

 3         2.  A self-insurance trust fund organized pursuant to

 4  s. 627.357 and maintained in good faith for a continuous

 5  period of 1 year for purposes other than that of obtaining or

 6  providing insurance pursuant to this section. Each member of a

 7  commercial self-insurance trust fund established pursuant to

 8  this subsection must maintain membership in the self-insurance

 9  trust fund organized pursuant to s. 627.357;

10         3.  A group of 10 or more health care providers, as

11  defined in s. 627.351(4)(h), for purposes of providing medical

12  malpractice coverage; or

13         4.  A not-for-profit group comprised of no fewer less

14  than 10 community condominium associations, or a

15  not-for-profit group comprised of one or more community

16  associations having at least 50 residential properties

17  cumulatively valued at over $25 million, created and operating

18  under chapter 718, chapter 719, chapter 720, chapter 721, or

19  chapter 723 as defined in s. 718.103(2), which is incorporated

20  under the laws of this state, which restricts its membership

21  to community condominium associations only, and which has been

22  organized and maintained in good faith for the purpose of

23  pooling and spreading the liabilities of its group members

24  relating to property or casualty risk or surety insurance a

25  continuous period of 1 year for purposes other than that of

26  obtaining or providing insurance.

27         Section 19.  Subsection (1) of section 624.4622,

28  Florida Statutes, is amended to read:

29         624.4622  Local government self-insurance funds.--

30         (1)  Any two or more local governmental entities may

31  enter into interlocal agreements for the purpose of securing


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 1  the payment of benefits under chapter 440, or insuring or

 2  self-insuring real or personal property of every kind and

 3  every interest in such property against loss or damage from

 4  any hazard or cause and against any loss consequential to such

 5  loss or damage, provided the local government self-insurance

 6  fund that is created must:

 7         (a)  Have annual normal premiums in excess of $5

 8  million;

 9         (b)  Maintain a continuing program of excess insurance

10  coverage and reserve evaluation to protect the financial

11  stability of the fund in an amount and manner determined by a

12  qualified and independent actuary;

13         (c)  Submit annually an audited fiscal year-end

14  financial statement by an independent certified public

15  accountant within 6 months after the end of the fiscal year to

16  the office; and

17         (d)  Have a governing body which is comprised entirely

18  of local elected officials.

19         Section 20.  Section 624.4625, Florida Statutes, is

20  created to read:

21         624.4625  Corporation not-for-profit self-insurance

22  funds.--

23         (1)  Notwithstanding any other provision of law, any

24  two or more corporations not for profit located in and

25  organized under the laws of this state may form a

26  self-insurance fund for the purpose of pooling and spreading

27  liabilities of its group members in any one or combination of

28  property or casualty risk, provided the corporation not for

29  profit self-insurance fund that is created:

30         (a)  Has annual normal premiums in excess of $5

31  million.


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 1         (b)  Requires for qualification that each participating

 2  member receive at least 75 percent of its revenues from local,

 3  state, or federal governmental sources or a combination of

 4  such sources.

 5         (c)  Uses a qualified actuary to determine rates using

 6  accepted actuarial principles and annually submits to the

 7  office a certification by the actuary that the rates are

 8  actuarially sound and are not inadequate, as defined in s.

 9  627.062.

10         (d)  Uses a qualified actuary to establish reserves for

11  loss and loss adjustment expenses and annually submits to the

12  office a certification by the actuary that the loss and loss

13  adjustment expense reserves are adequate. If the actuary

14  determines that reserves are not adequate, the fund shall file

15  with the office a remedial plan for increasing the reserves or

16  otherwise addressing the financial condition of the fund,

17  subject to a determination by the office that the fund will

18  operate on an actuarially sound basis and the fund does not

19  pose a significant risk of insolvency.

20         (e)  Maintains a continuing program of excess insurance

21  coverage and reserve evaluation to protect the financial

22  stability of the fund in an amount and manner determined by a

23  qualified actuary. At a minimum, this program must:

24         1.  Purchase excess insurance from authorized insurance

25  carriers.

26         2.  Retain a per-loss occurrence that does not exceed

27  $350,000.

28         (f)  Submits to the office annually an audited fiscal

29  year-end financial statement by an independent certified

30  public accountant within 6 months after the end of the fiscal

31  year.


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 1         (g)  Has a governing body that is comprised entirely of

 2  officials from corporations not for profit that are members of

 3  the corporation not-for-profit self-insurance fund.

 4         (h)  Uses knowledgeable persons or business entities to

 5  administer or service the fund in the areas of claims

 6  administration, claims adjusting, underwriting, risk

 7  management, loss control, policy administration, financial

 8  audit, and legal areas. Such persons must meet all applicable

 9  requirements of law for state licensure and must have at least

10  5 years' experience with commercial self-insurance funds

11  formed under s. 624.462, self-insurance funds formed under s.

12  624.4622, or domestic insurers.

13         (i)  Submits to the office copies of contracts used for

14  its members that clearly establish the liability of each

15  member for the obligations of the fund.

16         (j)  Annually submits to the office a certification by

17  the governing body of the fund that, to the best of its

18  knowledge, the requirements of this section are met.

19         (2)  As used in this section, the term "qualified

20  actuary" means an actuary that is a member of the Casualty

21  Actuarial Society or the American Academy of Actuaries.

22         (3)  A corporation not-for-profit self-insurance fund

23  that meets the requirements of this section is not:

24         (a)  An insurer for purposes of participation in or

25  coverage by any insurance guaranty association established by

26  chapter 631; or

27         (b)  Subject to s. 624.4621 and is not required to file

28  any report with the department under s. 440.38(2)(b) that is

29  uniquely required of group self-insurer funds qualified under

30  s. 624.4621.

31  


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 1         (4)  Premiums, contributions, and assessments received

 2  by a corporation not-for-profit self-insurance fund are

 3  subject to ss. 624.509(1) and (2) and 624.5092, except that

 4  the tax rate shall be 1.6 percent of the gross amount of such

 5  premiums, contributions, and assessments.

 6         (5)  If any of the requirements of subsection (1) are

 7  not met, a corporation not-for-profit self-insurance fund is

 8  subject to the requirements of s. 624.4621 if the fund

 9  provides only workers' compensation coverage or is subject to

10  the requirements of ss. 624.460-624.488 if the fund provides

11  coverage for other property, casualty, or surety risks.

12         Section 21.  Subsection (3) of section 624.610, Florida

13  Statutes, is amended to read:

14         624.610  Reinsurance.--

15         (3)(a)  Credit must be allowed when the reinsurance is

16  ceded to an assuming insurer that is authorized to transact

17  insurance or reinsurance in this state.

18         (b)1.  Credit must be allowed when the reinsurance is

19  ceded to an assuming insurer that is accredited as a reinsurer

20  in this state. An accredited reinsurer is one that:

21         a.  Files with the office evidence of its submission to

22  this state's jurisdiction;

23         b.  Submits to this state's authority to examine its

24  books and records;

25         c.  Is licensed or authorized to transact insurance or

26  reinsurance in at least one state or, in the case of a United

27  States branch of an alien assuming insurer, is entered

28  through, licensed, or authorized to transact insurance or

29  reinsurance in at least one state;

30         d.  Files annually with the office a copy of its annual

31  statement filed with the insurance department of its state of


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 1  domicile any quarterly statements if required by its state of

 2  domicile or such quarterly statements if specifically

 3  requested by the office, and a copy of its most recent audited

 4  financial statement; and

 5         (I)  Maintains a surplus as regards policyholders in an

 6  amount not less than $20 million and whose accreditation has

 7  not been denied by the office within 90 days after its

 8  submission; or

 9         (II)  Maintains a surplus as regards policyholders in

10  an amount not less than $20 million and whose accreditation

11  has been approved by the office.

12         2.  The office may deny or revoke an assuming insurer's

13  accreditation if the assuming insurer does not submit the

14  required documentation pursuant to subparagraph 1., if the

15  assuming insurer fails to meet all of the standards required

16  of an accredited reinsurer, or if the assuming insurer's

17  accreditation would be hazardous to the policyholders of this

18  state. In determining whether to deny or revoke accreditation,

19  the office may consider the qualifications of the assuming

20  insurer with respect to all the following subjects:

21         a.  Its financial stability;

22         b.  The lawfulness and quality of its investments;

23         c.  The competency, character, and integrity of its

24  management;

25         d.  The competency, character, and integrity of persons

26  who own or have a controlling interest in the assuming

27  insurer; and

28         e.  Whether claims under its contracts are promptly and

29  fairly adjusted and are promptly and fairly paid in accordance

30  with the law and the terms of the contracts.

31  


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 1         3.  Credit must not be allowed a ceding insurer if the

 2  assuming insurer's accreditation has been revoked by the

 3  office after notice and the opportunity for a hearing.

 4         4.  The actual costs and expenses incurred by the

 5  office to review a reinsurer's request for accreditation and

 6  subsequent reviews must be charged to and collected from the

 7  requesting reinsurer. If the reinsurer fails to pay the actual

 8  costs and expenses promptly when due, the office may refuse to

 9  accredit the reinsurer or may revoke the reinsurer's

10  accreditation.

11         (c)1.  Credit must be allowed when the reinsurance is

12  ceded to an assuming insurer that maintains a trust fund in a

13  qualified United States financial institution, as defined in

14  paragraph (5)(b), for the payment of the valid claims of its

15  United States ceding insurers and their assigns and successors

16  in interest. To enable the office to determine the sufficiency

17  of the trust fund, the assuming insurer shall report annually

18  to the office information substantially the same as that

19  required to be reported on the NAIC Annual Statement form by

20  authorized insurers. The assuming insurer shall submit to

21  examination of its books and records by the office and bear

22  the expense of examination.

23         2.a.  Credit for reinsurance must not be granted under

24  this subsection unless the form of the trust and any

25  amendments to the trust have been approved by:

26         (I)  The insurance regulator of the state in which the

27  trust is domiciled; or

28         (II)  The insurance regulator of another state who,

29  pursuant to the terms of the trust instrument, has accepted

30  principal regulatory oversight of the trust.

31  


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 1         b.  The form of the trust and any trust amendments must

 2  be filed with the insurance regulator of every state in which

 3  the ceding insurer beneficiaries of the trust are domiciled.

 4  The trust instrument must provide that contested claims are

 5  valid and enforceable upon the final order of any court of

 6  competent jurisdiction in the United States. The trust must

 7  vest legal title to its assets in its trustees for the benefit

 8  of the assuming insurer's United States ceding insurers and

 9  their assigns and successors in interest. The trust and the

10  assuming insurer are subject to examination as determined by

11  the insurance regulator.

12         c.  The trust remains in effect for as long as the

13  assuming insurer has outstanding obligations due under the

14  reinsurance agreements subject to the trust. No later than

15  February 28 of each year, the trustee of the trust shall

16  report to the insurance regulator in writing the balance of

17  the trust and list the trust's investments at the preceding

18  year end, and shall certify that the trust will not expire

19  prior to the following December 31.

20         3.  The following requirements apply to the following

21  categories of assuming insurer:

22         a.  The trust fund for a single assuming insurer

23  consists of funds in trust in an amount not less than the

24  assuming insurer's liabilities attributable to reinsurance

25  ceded by United States ceding insurers, and, in addition, the

26  assuming insurer shall maintain a trusteed surplus of not less

27  than $20 million. Not less than 50 percent of the funds in the

28  trust covering the assuming insurer's liabilities attributable

29  to reinsurance ceded by United States ceding insurers and

30  trusteed surplus shall consist of assets of a quality

31  substantially similar to that required in part II of chapter


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 1  625. Clean, irrevocable, unconditional, and evergreen letters

 2  of credit, issued or confirmed by a qualified United States

 3  financial institution, as defined in paragraph (5)(a),

 4  effective no later than December 31 of the year for which the

 5  filing is made and in the possession of the trust on or before

 6  the filing date of its annual statement, may be used to fund

 7  the remainder of the trust and trusteed surplus.

 8         b.(I)  In the case of a group including incorporated

 9  and individual unincorporated underwriters:

10         (A)  For reinsurance ceded under reinsurance agreements

11  with an inception, amendment, or renewal date on or after

12  August 1, 1995, the trust consists of a trusteed account in an

13  amount not less than the group's several liabilities

14  attributable to business ceded by United States domiciled

15  ceding insurers to any member of the group;

16         (B)  For reinsurance ceded under reinsurance agreements

17  with an inception date on or before July 31, 1995, and not

18  amended or renewed after that date, notwithstanding the other

19  provisions of this section, the trust consists of a trusteed

20  account in an amount not less than the group's several

21  insurance and reinsurance liabilities attributable to business

22  written in the United States; and

23         (C)  In addition to these trusts, the group shall

24  maintain in trust a trusteed surplus of which $100 million

25  must be held jointly for the benefit of the United States

26  domiciled ceding insurers of any member of the group for all

27  years of account.

28         (II)  The incorporated members of the group must not be

29  engaged in any business other than underwriting of a member of

30  the group, and are subject to the same level of regulation and

31  


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 1  solvency control by the group's domiciliary regulator as the

 2  unincorporated members.

 3         (III)  Within 90 days after its financial statements

 4  are due to be filed with the group's domiciliary regulator,

 5  the group shall provide to the insurance regulator an annual

 6  certification by the group's domiciliary regulator of the

 7  solvency of each underwriter member or, if a certification is

 8  unavailable, financial statements, prepared by independent

 9  public accountants, of each underwriter member of the group.

10         (d)  Credit must be allowed when the reinsurance is

11  ceded to an assuming insurer not meeting the requirements of

12  paragraph (a), paragraph (b), or paragraph (c), but only as to

13  the insurance of risks located in jurisdictions in which the

14  reinsurance is required to be purchased by a particular entity

15  by applicable law or regulation of that jurisdiction.

16         (e)  If the reinsurance is ceded to an assuming insurer

17  not meeting the requirements of paragraph (a), paragraph (b),

18  paragraph (c), or paragraph (d), the office may allow credit,

19  but only if the assuming insurer holds surplus in excess of

20  $100 million and has a secure financial strength rating from

21  at least two nationally recognized statistical rating

22  organizations deemed acceptable by the commissioner. In

23  determining whether credit should be allowed, the office shall

24  consider the following:

25         1.  The domiciliary regulatory jurisdiction of the

26  assuming insurer;

27         2.  The structure and authority of the domiciliary

28  regulator with regard to solvency regulation requirements and

29  the financial surveillance of the reinsurer;

30         3.  The substance of financial and operating standards

31  for reinsurers in the domiciliary jurisdiction;


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 1         4.  The form and substance of financial reports

 2  required to be filed by the reinsurers in the domiciliary

 3  jurisdiction or other public financial statements filed in

 4  accordance with generally accepted accounting principles;

 5         5.  The domiciliary regulator's willingness to

 6  cooperate with United States regulators in general and the

 7  office in particular;

 8         6.  The history of performance by reinsurers in the

 9  domiciliary jurisdiction;

10         7.  Any documented evidence of substantial problems

11  with the enforcement of valid United States judgments in the

12  domiciliary jurisdiction; and

13         8.  Any other matters deemed relevant by the

14  commissioner. The commissioner shall give appropriate

15  consideration to insurer group ratings that may have been

16  issued. The commissioner may, in lieu of granting full credit

17  under this subsection, reduce the amount required to be held

18  in trust under paragraph (c).

19         (f)(e)  If the assuming insurer is not authorized or

20  accredited to transact insurance or reinsurance in this state

21  pursuant to paragraph (a) or paragraph (b), the credit

22  permitted by paragraph (c) or paragraph (d) must not be

23  allowed unless the assuming insurer agrees in the reinsurance

24  agreements:

25         1.a.  That in the event of the failure of the assuming

26  insurer to perform its obligations under the terms of the

27  reinsurance agreement, the assuming insurer, at the request of

28  the ceding insurer, shall submit to the jurisdiction of any

29  court of competent jurisdiction in any state of the United

30  States, will comply with all requirements necessary to give

31  the court jurisdiction, and will abide by the final decision


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 1  of the court or of any appellate court in the event of an

 2  appeal; and

 3         b.  To designate the Chief Financial Officer, pursuant

 4  to s. 48.151, or a designated attorney as its true and lawful

 5  attorney upon whom may be served any lawful process in any

 6  action, suit, or proceeding instituted by or on behalf of the

 7  ceding company.

 8         2.  This paragraph is not intended to conflict with or

 9  override the obligation of the parties to a reinsurance

10  agreement to arbitrate their disputes, if this obligation is

11  created in the agreement.

12         (g)(f)  If the assuming insurer does not meet the

13  requirements of paragraph (a) or paragraph (b), the credit

14  permitted by paragraph (c) or paragraph (d) is not allowed

15  unless the assuming insurer agrees in the trust agreements, in

16  substance, to the following conditions:

17         1.  Notwithstanding any other provisions in the trust

18  instrument, if the trust fund is inadequate because it

19  contains an amount less than the amount required by paragraph

20  (c), or if the grantor of the trust has been declared

21  insolvent or placed into receivership, rehabilitation,

22  liquidation, or similar proceedings under the laws of its

23  state or country of domicile, the trustee shall comply with an

24  order of the insurance regulator with regulatory oversight

25  over the trust or with an order of a United States court of

26  competent jurisdiction directing the trustee to transfer to

27  the insurance regulator with regulatory oversight all of the

28  assets of the trust fund.

29         2.  The assets must be distributed by and claims must

30  be filed with and valued by the insurance regulator with

31  regulatory oversight in accordance with the laws of the state


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 1  in which the trust is domiciled which are applicable to the

 2  liquidation of domestic insurance companies.

 3         3.  If the insurance regulator with regulatory

 4  oversight determines that the assets of the trust fund or any

 5  part thereof are not necessary to satisfy the claims of the

 6  United States ceding insurers of the grantor of the trust, the

 7  assets or part thereof must be returned by the insurance

 8  regulator with regulatory oversight to the trustee for

 9  distribution in accordance with the trust agreement.

10         4.  The grantor shall waive any right otherwise

11  available to it under United States law which is inconsistent

12  with this provision.

13         Section 22.  Section 627.0613, Florida Statutes, is

14  repealed.

15         Section 23.  Section 627.062, Florida Statutes, is

16  amended to read:

17         627.062  Rate standards.--

18         (1)  The rates for all classes of insurance to which

19  the provisions of this part are applicable shall not be

20  excessive, inadequate, or unfairly discriminatory.

21         (2)  As to all such classes of insurance:

22         (a)  Insurers or rating organizations shall establish

23  and use rates, rating schedules, or rating manuals to allow

24  the insurer a reasonable rate of return on such classes of

25  insurance written in this state.  A copy of rates, rating

26  schedules, rating manuals, premium credits or discount

27  schedules, and surcharge schedules, and changes thereto, shall

28  be filed with the office under one of the following

29  procedures:

30         1.  If the filing is made at least 90 days before the

31  proposed effective date and the filing may not be is not


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 1  implemented during the office's review of the filing and any

 2  proceeding and judicial review, then such filing shall be

 3  considered a "file and use" filing.  In such case, The office

 4  shall finalize its review by issuance of a notice of intent to

 5  approve or a notice of intent to disapprove within 90 days

 6  after receipt of the filing. The notice of intent to approve

 7  and the notice of intent to disapprove constitute agency

 8  action for purposes of the Administrative Procedure Act.

 9  Requests for supporting information, requests for mathematical

10  or mechanical corrections, or notification to the insurer by

11  the office of its preliminary findings shall not toll the

12  90-day period during any such proceedings and subsequent

13  judicial review. The rate shall be deemed approved if the

14  office does not issue a notice of intent to approve or a

15  notice of intent to disapprove within 90 days after receipt of

16  the filing.

17         2.  If the filing is not made in accordance with the

18  provisions of subparagraph 1., such filing shall be made as

19  soon as practicable, but no later than 30 days after the

20  effective date, and shall be considered a "use and file"

21  filing.  An insurer making a "use and file" filing is

22  potentially subject to an order by the office to return to

23  policyholders portions of rates found to be excessive, as

24  provided in paragraph (h).

25         (b)  Upon receiving a rate filing, the office shall

26  review the rate filing to determine if a rate is excessive,

27  inadequate, or unfairly discriminatory.  In making that

28  determination, the office shall, in accordance with generally

29  accepted and reasonable actuarial techniques, consider the

30  following factors:

31  


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 1         1.  Past and prospective loss experience within and

 2  without this state.

 3         2.  Past and prospective expenses.

 4         3.  The degree of competition among insurers for the

 5  risk insured.

 6         4.  Investment income reasonably expected by the

 7  insurer, consistent with the insurer's investment practices,

 8  from investable premiums anticipated in the filing, plus any

 9  other expected income from currently invested assets

10  representing the amount expected on unearned premium reserves

11  and loss reserves.  The commission may adopt rules utilizing

12  reasonable techniques of actuarial science and economics to

13  specify the manner in which insurers shall calculate

14  investment income attributable to such classes of insurance

15  written in this state and the manner in which such investment

16  income shall be used in the calculation of insurance rates.

17  Such manner shall contemplate allowances for an underwriting

18  profit factor and full consideration of investment income

19  which produce a reasonable rate of return; however, investment

20  income from invested surplus shall not be considered.

21         5.  The reasonableness of the judgment reflected in the

22  filing.

23         6.  Dividends, savings, or unabsorbed premium deposits

24  allowed or returned to Florida policyholders, members, or

25  subscribers.

26         7.  The adequacy of loss reserves.

27         8.  The cost of reinsurance.

28         9.  Trend factors, including trends in actual losses

29  per insured unit for the insurer making the filing.

30         10.  Conflagration and catastrophe hazards, if

31  applicable.


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 1         11.  A reasonable margin for underwriting profit and

 2  contingencies. For that portion of the rate covering the risk

 3  of hurricanes and other catastrophic losses for which the

 4  insurer has not purchased reinsurance and has exposed its

 5  capital and surplus to such risk, the office must approve a

 6  rating factor that provides the insurer a reasonable rate of

 7  return that is commensurate with such risk.

 8         12.  The cost of medical services, if applicable.

 9         13.  Other relevant factors which impact upon the

10  frequency or severity of claims or upon expenses.

11         (c)  In the case of fire insurance rates, consideration

12  shall be given to the availability of water supplies and the

13  experience of the fire insurance business during a period of

14  not less than the most recent 5-year period for which such

15  experience is available.

16         (d)  If conflagration or catastrophe hazards are given

17  consideration by an insurer in its rates or rating plan,

18  including surcharges and discounts, the insurer shall

19  establish a reserve for that portion of the premium allocated

20  to such hazard and shall maintain the premium in a catastrophe

21  reserve.  Any removal of such premiums from the reserve for

22  purposes other than paying claims associated with a

23  catastrophe or purchasing reinsurance for catastrophes shall

24  be subject to approval of the office.  Any ceding commission

25  received by an insurer purchasing reinsurance for catastrophes

26  shall be placed in the catastrophe reserve.

27         (e)  After consideration of the rate factors provided

28  in paragraphs (b), (c), and (d), a rate may be found by the

29  office to be excessive, inadequate, or unfairly discriminatory

30  based upon the following standards:

31  


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 1         1.  Rates shall be deemed excessive if they are likely

 2  to produce a profit from Florida business that is unreasonably

 3  high in relation to the risk involved in the class of business

 4  or if expenses are unreasonably high in relation to services

 5  rendered.

 6         2.  Rates shall be deemed excessive if, among other

 7  things, the rate structure established by a stock insurance

 8  company provides for replenishment of surpluses from premiums,

 9  when the replenishment is attributable to investment losses.

10         3.  Rates shall be deemed inadequate if they are

11  clearly insufficient, together with the investment income

12  attributable to them, to sustain projected losses and expenses

13  in the class of business to which they apply.

14         4.  A rating plan, including discounts, credits, or

15  surcharges, shall be deemed unfairly discriminatory if it

16  fails to clearly and equitably reflect consideration of the

17  policyholder's participation in a risk management program

18  adopted pursuant to s. 627.0625.

19         5.  A rate shall be deemed inadequate as to the premium

20  charged to a risk or group of risks if discounts or credits

21  are allowed which exceed a reasonable reflection of expense

22  savings and reasonably expected loss experience from the risk

23  or group of risks.

24         6.  A rate shall be deemed unfairly discriminatory as

25  to a risk or group of risks if the application of premium

26  discounts, credits, or surcharges among such risks does not

27  bear a reasonable relationship to the expected loss and

28  expense experience among the various risks.

29         (f)  In reviewing a rate filing, the office may require

30  the insurer to provide at the insurer's expense all

31  information necessary to evaluate the condition of the company


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 1  and the reasonableness of the filing according to the criteria

 2  enumerated in this section.

 3         (g)  The office may at any time review a rate, rating

 4  schedule, rating manual, or rate change; the pertinent records

 5  of the insurer; and market conditions.  If the office finds on

 6  a preliminary basis that a rate may be excessive, inadequate,

 7  or unfairly discriminatory, the office shall initiate

 8  proceedings to disapprove the rate and shall so notify the

 9  insurer. However, the office may not disapprove as excessive

10  any rate for which it has given final approval or which has

11  been deemed approved for a period of 1 year after the

12  effective date of the filing unless the office finds that a

13  material misrepresentation or material error was made by the

14  insurer or was contained in the filing.  Upon being so

15  notified, the insurer or rating organization shall, within 60

16  days, file with the office all information which, in the

17  belief of the insurer or organization, proves the

18  reasonableness, adequacy, and fairness of the rate or rate

19  change.  The office shall issue a notice of intent to approve

20  or a notice of intent to disapprove pursuant to the procedures

21  of paragraph (a) within 90 days after receipt of the insurer's

22  initial response.  In such instances and in any administrative

23  proceeding relating to the legality of the rate, the insurer

24  or rating organization shall carry the burden of proof by a

25  preponderance of the evidence to show that the rate is not

26  excessive, inadequate, or unfairly discriminatory.  After the

27  office notifies an insurer that a rate may be excessive,

28  inadequate, or unfairly discriminatory, unless the office

29  withdraws the notification, the insurer shall not alter the

30  rate except to conform with the office's notice until the

31  earlier of 120 days after the date the notification was


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 1  provided or 180 days after the date of the implementation of

 2  the rate.  The office may, subject to chapter 120, disapprove

 3  without the 60-day notification any rate increase filed by an

 4  insurer within the prohibited time period or during the time

 5  that the legality of the increased rate is being contested.

 6         (h)  In the event the office finds that a rate or rate

 7  change is excessive, inadequate, or unfairly discriminatory,

 8  the office shall issue an order of disapproval specifying that

 9  a new rate or rate schedule which responds to the findings of

10  the office be filed by the insurer.  The office shall further

11  order, for any "use and file" filing made in accordance with

12  subparagraph (a)2., that premiums charged each policyholder

13  constituting the portion of the rate above that which was

14  actuarially justified be returned to such policyholder in the

15  form of a credit or refund. If the office finds that an

16  insurer's rate or rate change is inadequate, the new rate or

17  rate schedule filed with the office in response to such a

18  finding shall be applicable only to new or renewal business of

19  the insurer written on or after the effective date of the

20  responsive filing.

21         (i)  Except as otherwise specifically provided in this

22  chapter, the office shall not prohibit any insurer, including

23  any residual market plan or joint underwriting association,

24  from paying acquisition costs based on the full amount of

25  premium, as defined in s. 627.403, applicable to any policy,

26  or prohibit any such insurer from including the full amount of

27  acquisition costs in a rate filing.

28         (j)  Within 24 months after an insurer receives

29  approval of a rate increase of 10 percent or more, the insurer

30  must file and the office must review the insurer's rate based

31  on a rate filing that addresses all elements of the current


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 1  rate. Effective July 1, 2007, notwithstanding any other

 2  provision of this section:

 3         1.  With respect to any residential property insurance

 4  subject to regulation under this section for any area for

 5  which the office determines a reasonable degree of competition

 6  exists, a rate filing, including, but not limited to, any rate

 7  changes, rating factors, territories, classification,

 8  discounts, and credits, with respect to any policy form,

 9  including endorsements issued with the form, that results in

10  an overall average statewide premium increase or decrease of

11  no more than 5 percent above or below the premium that would

12  result from the insurer's rates then in effect shall not be

13  subject to a determination by the office that the rate is

14  excessive or unfairly discriminatory except as provided in

15  subparagraph 3., or any other provision of law, provided all

16  changes specified in the filing do not result in an overall

17  premium increase of more than 10 percent for any one

18  territory, for reasons related solely to the rate change. As

19  used in this subparagraph, the term "insurer's rates then in

20  effect" includes only rates that have been lawfully in effect

21  under this section or rates that have been determined to be

22  lawful through administrative proceedings or judicial

23  proceedings.

24         2.  An insurer may not make filings under this

25  paragraph with respect to any policy form, including

26  endorsements issued with the form, if the overall premium

27  changes resulting from such filings exceed the amounts

28  specified in this paragraph in any 12-month period. An insurer

29  may proceed under other provisions of this section or other

30  provisions of law if the insurer seeks to exceed the premium

31  or rate limitations of this paragraph.


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 1         3.  This paragraph does not affect the authority of the

 2  office to disapprove a rate as inadequate or to disapprove a

 3  filing for the unlawful use of unfairly discriminatory rating

 4  factors that are prohibited by the laws of this state. An

 5  insurer electing to implement a rate change under this

 6  paragraph shall submit a filing to the office at least 40 days

 7  prior to the effective date of the rate change. The office

 8  shall have 30 days after the filing's submission to review the

 9  filing and determine if the rate is inadequate or uses

10  unfairly discriminatory rating factors. Absent a finding by

11  the office within such 30-day period that the rate is

12  inadequate or that the insurer has used unfairly

13  discriminatory rating factors, the filing is deemed approved.

14  If the office finds during the 30-day period that the filing

15  will result in inadequate premiums or otherwise endanger the

16  insurer's solvency, the office shall suspend the rate

17  decrease. If the insurer is implementing an overall rate

18  increase, the results of which continue to produce an

19  inadequate rate, such increase shall proceed pending

20  additional action by the office to ensure the adequacy of the

21  rate.

22         4.  This paragraph does not apply to rate filings for

23  any insurance other than residential property insurance.

24  

25  The provisions of this subsection shall not apply to workers'

26  compensation and employer's liability insurance and to motor

27  vehicle insurance.

28         (3)(a)  For individual risks that are not rated in

29  accordance with the insurer's rates, rating schedules, rating

30  manuals, and underwriting rules filed with the office and

31  which have been submitted to the insurer for individual


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 1  rating, the insurer must maintain documentation on each risk

 2  subject to individual risk rating. The documentation must

 3  identify the named insured and specify the characteristics and

 4  classification of the risk supporting the reason for the risk

 5  being individually risk rated, including any modifications to

 6  existing approved forms to be used on the risk.  The insurer

 7  must maintain these records for a period of at least 5 years

 8  after the effective date of the policy.

 9         (b)  Individual risk rates and modifications to

10  existing approved forms are not subject to this part or part

11  II, except for paragraph (a) and ss. 627.402, 627.403,

12  627.4035, 627.404, 627.405, 627.406, 627.407, 627.4085,

13  627.409, 627.4132, 627.4133, 627.415, 627.416, 627.417,

14  627.419, 627.425, 627.426, 627.4265, 627.427, and 627.428, but

15  are subject to all other applicable provisions of this code

16  and rules adopted thereunder.

17         (c)  This subsection does not apply to private

18  passenger motor vehicle insurance.

19         (4)  The establishment of any rate, rating

20  classification, rating plan or schedule, or variation thereof

21  in violation of part IX of chapter 626 is also in violation of

22  this section. In order to enhance the ability of consumers to

23  compare premiums and to increase the accuracy and usefulness

24  of rate-comparison information provided by the office to the

25  public, the office shall develop a proposed standard rating

26  territory plan to be used by all authorized property and

27  casualty insurers for residential property insurance. In

28  adopting the proposed plan, the office may consider

29  geographical characteristics relevant to risk, county lines,

30  major roadways, existing rating territories used by a

31  significant segment of the market, and other relevant factors.


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 1  Such plan shall be submitted to the President of the Senate

 2  and the Speaker of the House of Representatives by January 15,

 3  2006. The plan may not be implemented unless authorized by

 4  further act of the Legislature.

 5         (5)  With respect to a rate filing involving coverage

 6  of the type for which the insurer is required to pay a

 7  reimbursement premium to the Florida Hurricane Catastrophe

 8  Fund, the insurer may fully recoup in its property insurance

 9  premiums any reimbursement premiums paid to the Florida

10  Hurricane Catastrophe Fund, together with reasonable costs of

11  other reinsurance, but may not recoup reinsurance costs that

12  duplicate coverage provided by the Florida Hurricane

13  Catastrophe Fund. An insurer may not recoup more than 1 year

14  of reimbursement premium at a time. Any under-recoupment from

15  the prior year may be added to the following year's

16  reimbursement premium and any over-recoupment shall be

17  subtracted from the following year's reimbursement premium.

18         (6)(a)  After any action with respect to a rate filing

19  that constitutes agency action for purposes of the

20  Administrative Procedure Act, except for a rate filing for

21  medical malpractice, an insurer may, in lieu of demanding a

22  hearing under s. 120.57, require arbitration of the rate

23  filing. Arbitration shall be conducted by a board of

24  arbitrators consisting of an arbitrator selected by the

25  office, an arbitrator selected by the insurer, and an

26  arbitrator selected jointly by the other two arbitrators. Each

27  arbitrator must be certified by the American Arbitration

28  Association. A decision is valid only upon the affirmative

29  vote of at least two of the arbitrators. No arbitrator may be

30  an employee of any insurance regulator or regulatory body or

31  of any insurer, regardless of whether or not the employing


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 1  insurer does business in this state. The office and the

 2  insurer must treat the decision of the arbitrators as the

 3  final approval of a rate filing. Costs of arbitration shall be

 4  paid by the insurer.

 5         (b)  Arbitration under this subsection shall be

 6  conducted pursuant to the procedures specified in ss.

 7  682.06-682.10. Either party may apply to the circuit court to

 8  vacate or modify the decision pursuant to s. 682.13 or s.

 9  682.14. The commission shall adopt rules for arbitration under

10  this subsection, which rules may not be inconsistent with the

11  arbitration rules of the American Arbitration Association as

12  of January 1, 1996.

13         (c)  Upon initiation of the arbitration process, the

14  insurer waives all rights to challenge the action of the

15  office under the Administrative Procedure Act or any other

16  provision of law; however, such rights are restored to the

17  insurer if the arbitrators fail to render a decision within 90

18  days after initiation of the arbitration process.

19         (6)(7)(a)  The provisions of this subsection apply only

20  with respect to rates for medical malpractice insurance and

21  shall control to the extent of any conflict with other

22  provisions of this section.

23         (b)  Any portion of a judgment entered or settlement

24  paid as a result of a statutory or common-law bad faith action

25  and any portion of a judgment entered which awards punitive

26  damages against an insurer may not be included in the

27  insurer's rate base, and shall not be used to justify a rate

28  or rate change. Any common-law bad faith action identified as

29  such, any portion of a settlement entered as a result of a

30  statutory or common-law action, or any portion of a settlement

31  wherein an insurer agrees to pay specific punitive damages may


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 1  not be used to justify a rate or rate change. The portion of

 2  the taxable costs and attorney's fees which is identified as

 3  being related to the bad faith and punitive damages in these

 4  judgments and settlements may not be included in the insurer's

 5  rate base and may not be utilized to justify a rate or rate

 6  change.

 7         (c)  Upon reviewing a rate filing and determining

 8  whether the rate is excessive, inadequate, or unfairly

 9  discriminatory, the office shall consider, in accordance with

10  generally accepted and reasonable actuarial techniques, past

11  and present prospective loss experience, either using loss

12  experience solely for this state or giving greater credibility

13  to this state's loss data after applying actuarially sound

14  methods of assigning credibility to such data.

15         (d)  Rates shall be deemed excessive if, among other

16  standards established by this section, the rate structure

17  provides for replenishment of reserves or surpluses from

18  premiums when the replenishment is attributable to investment

19  losses.

20         (e)  The insurer must apply a discount or surcharge

21  based on the health care provider's loss experience or shall

22  establish an alternative method giving due consideration to

23  the provider's loss experience. The insurer must include in

24  the filing a copy of the surcharge or discount schedule or a

25  description of the alternative method used, and must provide a

26  copy of such schedule or description, as approved by the

27  office, to policyholders at the time of renewal and to

28  prospective policyholders at the time of application for

29  coverage.

30  

31  


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 1         (f)  Each medical malpractice insurer must make a rate

 2  filing under this section, sworn to by at least two executive

 3  officers of the insurer, at least once each calendar year.

 4         (7)(8)(a)1.  No later than 60 days after the effective

 5  date of medical malpractice legislation enacted during the

 6  2003 Special Session D of the Florida Legislature, the office

 7  shall calculate a presumed factor that reflects the impact

 8  that the changes contained in such legislation will have on

 9  rates for medical malpractice insurance and shall issue a

10  notice informing all insurers writing medical malpractice

11  coverage of such presumed factor. In determining the presumed

12  factor, the office shall use generally accepted actuarial

13  techniques and standards provided in this section in

14  determining the expected impact on losses, expenses, and

15  investment income of the insurer. To the extent that the

16  operation of a provision of medical malpractice legislation

17  enacted during the 2003 Special Session D of the Florida

18  Legislature is stayed pending a constitutional challenge, the

19  impact of that provision shall not be included in the

20  calculation of a presumed factor under this subparagraph.

21         2.  No later than 60 days after the office issues its

22  notice of the presumed rate change factor under subparagraph

23  1., each insurer writing medical malpractice coverage in this

24  state shall submit to the office a rate filing for medical

25  malpractice insurance, which will take effect no later than

26  January 1, 2004, and apply retroactively to policies issued or

27  renewed on or after the effective date of medical malpractice

28  legislation enacted during the 2003 Special Session D of the

29  Florida Legislature. Except as authorized under paragraph (b),

30  the filing shall reflect an overall rate reduction at least as

31  great as the presumed factor determined under subparagraph 1.


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 1  With respect to policies issued on or after the effective date

 2  of such legislation and prior to the effective date of the

 3  rate filing required by this subsection, the office shall

 4  order the insurer to make a refund of the amount that was

 5  charged in excess of the rate that is approved.

 6         (b)  Any insurer or rating organization that contends

 7  that the rate provided for in paragraph (a) is excessive,

 8  inadequate, or unfairly discriminatory shall separately state

 9  in its filing the rate it contends is appropriate and shall

10  state with specificity the factors or data that it contends

11  should be considered in order to produce such appropriate

12  rate. The insurer or rating organization shall be permitted to

13  use all of the generally accepted actuarial techniques

14  provided in this section in making any filing pursuant to this

15  subsection. The office shall review each such exception and

16  approve or disapprove it prior to use. It shall be the

17  insurer's burden to actuarially justify any deviations from

18  the rates required to be filed under paragraph (a). The

19  insurer making a filing under this paragraph shall include in

20  the filing the expected impact of medical malpractice

21  legislation enacted during the 2003 Special Session D of the

22  Florida Legislature on losses, expenses, and rates.

23         (c)  If any provision of medical malpractice

24  legislation enacted during the 2003 Special Session D of the

25  Florida Legislature is held invalid by a court of competent

26  jurisdiction, the office shall permit an adjustment of all

27  medical malpractice rates filed under this section to reflect

28  the impact of such holding on such rates so as to ensure that

29  the rates are not excessive, inadequate, or unfairly

30  discriminatory.

31  


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 1         (d)  Rates approved on or before July 1, 2003, for

 2  medical malpractice insurance shall remain in effect until the

 3  effective date of a new rate filing approved under this

 4  subsection.

 5         (e)  The calculation and notice by the office of the

 6  presumed factor pursuant to paragraph (a) is not an order or

 7  rule that is subject to chapter 120. If the office enters into

 8  a contract with an independent consultant to assist the office

 9  in calculating the presumed factor, such contract shall not be

10  subject to the competitive solicitation requirements of s.

11  287.057.

12         (8)(a)  The chief executive officer or chief financial

13  officer of a property insurer and the chief actuary of a

14  property insurer must certify under oath and subject to the

15  penalty of perjury, on a form approved by the commission, the

16  following information, which must accompany a rate filing:

17         1.  The signing officer and actuary have reviewed the

18  rate filing;

19         2.  Based on the signing officer's and actuary's

20  knowledge, the rate filing does not contain any untrue

21  statement of a material fact or omit to state a material fact

22  necessary in order to make the statements made, in light of

23  the circumstances under which such statements were made, not

24  misleading;

25         3.  Based on the signing officer's and actuary's

26  knowledge, the information and other factors described in s.

27  627.062(2)(b), including, but not limited to, investment

28  income, fairly present in all material respects the basis of

29  the rate filing for the periods presented in the filing; and

30         4.  Based on the signing officer's and actuary's

31  knowledge, the rate filing reflects all premium savings that


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    SB 4-A                                         First Engrossed



 1  are reasonably expected to result from legislative enactments

 2  and are in accordance with generally accepted and reasonable

 3  actuarial techniques.

 4         (b)  A signing officer or actuary knowingly making a

 5  false certification under this subsection commits a violation

 6  of s. 626.9541(1)(e) and is subject to the penalties under s.

 7  626.9521.

 8         (c)  Failure to provide such certification by the

 9  officer and actuary shall result in the rate filing being

10  disapproved without prejudice to be refiled.

11         (d)  The commission may adopt rules and forms pursuant

12  to ss. 120.536(1) and 120.54 to administer this subsection.

13         (9)  The burden is on the office to establish that

14  rates are excessive for personal lines residential coverage

15  with a dwelling replacement cost of $1 million or more or for

16  a single condominium unit with a combined dwelling and

17  contents replacement cost of $1 million or more. Upon request

18  of the office, the insurer shall provide to the office such

19  loss and expense information as the office reasonably needs to

20  meet this burden.

21         Section 24.  Paragraph (ee) is added to subsection (1)

22  of section 626.9541, Florida Statutes, to read:

23         626.9541  Unfair methods of competition and unfair or

24  deceptive acts or practices defined.--

25         (1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR

26  DECEPTIVE ACTS.--The following are defined as unfair methods

27  of competition and unfair or deceptive acts or practices:

28         (ee)  Selectively limiting insurance

29  offerings.--Failing to offer in this state a kind or line of

30  insurance which all insurers or affiliated insurers, as

31  defined by the Financial Services Commission, offer in another


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    SB 4-A                                         First Engrossed



 1  jurisdiction. An insurer need not offer every kind or line of

 2  insurance, or any particular kind or line of insurance, in

 3  this state; however, if, on July 1, 2007, an insurer offers a

 4  particular kind or line of insurance anywhere it does

 5  business, it must offer the same kind or line in this state.

 6  The commission shall adopt rules to administer this paragraph.

 7         Section 25.  Paragraph (c) of subsection (3) of section

 8  627.0628, Florida Statutes, is amended to read:

 9         627.0628  Florida Commission on Hurricane Loss

10  Projection Methodology; public records exemption; public

11  meetings exemption.--

12         (3)  ADOPTION AND EFFECT OF STANDARDS AND GUIDELINES.--

13         (c)  With respect to a rate filing under s. 627.062, an

14  insurer may employ actuarial methods, principles, standards,

15  models, or output ranges found by the commission to be

16  accurate or reliable to determine hurricane loss factors for

17  use in a rate filing under s. 627.062. Such findings and

18  factors are admissible and relevant in consideration of a rate

19  filing by the office or in any arbitration or administrative

20  or judicial review only if the office and the Insurance

21  Consumer Advocate appointed pursuant to s. 350.0615 s.

22  627.0613 have access to all of the assumptions and factors

23  that were used in developing the actuarial methods,

24  principles, standards, models, or output ranges, and are not

25  precluded from disclosing such information in a rate

26  proceeding. In any rate hearing under s. 120.57 or in any

27  arbitration proceeding under s. 627.062(6), the hearing

28  officer or, judge, or arbitration panel may determine whether

29  the office and the Insurance Consumer Advocate were provided

30  with access to all of the assumptions and factors that were

31  used in developing the actuarial methods, principles,


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    SB 4-A                                         First Engrossed



 1  standards, models, or output ranges and to determine their

 2  admissibility.

 3         Section 26.  Paragraph (b) of subsection (5) of section

 4  627.311, Florida Statutes, is amended to read:

 5         627.311  Joint underwriters and joint reinsurers;

 6  public records and public meetings exemptions.--

 7         (5)

 8         (b)  The operation of the plan is subject to the

 9  supervision of a 9-member board of governors. The board of

10  governors shall be comprised of:

11         1.  Three members appointed by the Financial Services

12  Commission. Each member appointed by the commission shall

13  serve at the pleasure of the commission;

14         2.  Two of the 20 domestic insurers, as defined in s.

15  624.06(1), having the largest voluntary direct premiums

16  written in this state for workers' compensation and employer's

17  liability insurance, which shall be elected by those 20

18  domestic insurers;

19         3.  Two of the 20 foreign insurers as defined in s.

20  624.06(2) having the largest voluntary direct premiums written

21  in this state for workers' compensation and employer's

22  liability insurance, which shall be elected by those 20

23  foreign insurers;

24         4.  One person appointed by the largest property and

25  casualty insurance agents' association in this state; and

26         5.  The Insurance Consumer Advocate appointed under s.

27  350.0615 s. 627.0613 or the Insurance Consumer Advocate's

28  designee.

29  

30  Each board member shall serve a 4-year term and may serve

31  consecutive terms. A vacancy on the board shall be filled in


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    SB 4-A                                         First Engrossed



 1  the same manner as the original appointment for the unexpired

 2  portion of the term. The Financial Services Commission shall

 3  designate a member of the board to serve as chair. No board

 4  member shall be an insurer which provides services to the plan

 5  or which has an affiliate which provides services to the plan

 6  or which is serviced by a service company or third-party

 7  administrator which provides services to the plan or which has

 8  an affiliate which provides services to the plan. The minutes,

 9  audits, and procedures of the board of governors are subject

10  to chapter 119.

11         Section 27.  Paragraphs (a), (b), (c), (m), (p), and

12  (s) of subsection (6) of section 627.351, Florida Statutes,

13  are amended, and paragraph (ee) is added to that section, to

14  read:

15         627.351  Insurance risk apportionment plans.--

16         (6)  CITIZENS PROPERTY INSURANCE CORPORATION.--

17         (a)1.  The Legislature finds that actual and threatened

18  catastrophic losses to property in this state from hurricanes

19  have caused insurers to be unwilling or unable to provide

20  property insurance coverage to the extent sought and needed.

21  It is in the public interest and a public purpose to assist in

22  assuring that property in the state is insured so as to

23  facilitate the remediation, reconstruction, and replacement of

24  damaged or destroyed property in order to reduce or avoid the

25  negative effects otherwise resulting to the public health,

26  safety, and welfare; to the economy of the state; and to the

27  revenues of the state and local governments needed to provide

28  for the public welfare. It is necessary, therefore, to provide

29  property insurance to applicants who are in good faith

30  entitled to procure insurance through the voluntary market but

31  are unable to do so. The Legislature intends by this


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    SB 4-A                                         First Engrossed



 1  subsection that property insurance be provided and that it

 2  continues, as long as necessary, through an entity organized

 3  to achieve efficiencies and economies, while providing service

 4  to policyholders, applicants, and agents that is no less than

 5  the quality generally provided in the voluntary market, all

 6  toward the achievement of the foregoing public purposes.

 7  Because it is essential for the corporation to have the

 8  maximum financial resources to pay claims following a

 9  catastrophic hurricane, it is the intent of the Legislature

10  that the income of the corporation be exempt from federal

11  income taxation and that interest on the debt obligations

12  issued by the corporation be exempt from federal income

13  taxation.

14         2.  The Residential Property and Casualty Joint

15  Underwriting Association originally created by this statute

16  shall be known, as of July 1, 2002, as the Citizens Property

17  Insurance Corporation. The corporation shall provide insurance

18  for residential and commercial property, for applicants who

19  are in good faith entitled, but are unable, to procure

20  insurance through the voluntary market. The corporation shall

21  operate pursuant to a plan of operation approved by order of

22  the Financial Services Commission. The plan is subject to

23  continuous review by the commission. The commission may, by

24  order, withdraw approval of all or part of a plan if the

25  commission determines that conditions have changed since

26  approval was granted and that the purposes of the plan require

27  changes in the plan. The corporation shall continue to operate

28  pursuant to the plan of operation approved by the Office of

29  Insurance Regulation until October 1, 2006. For the purposes

30  of this subsection, residential coverage includes both

31  personal lines residential coverage, which consists of the


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    SB 4-A                                         First Engrossed



 1  type of coverage provided by homeowner's, mobile home owner's,

 2  dwelling, tenant's, condominium unit owner's, and similar

 3  policies, and commercial lines residential coverage, which

 4  consists of the type of coverage provided by condominium

 5  association, apartment building, and similar policies.

 6         3.  For the purposes of this subsection, the term

 7  "homestead property" means:

 8         a.  Property that has been granted a homestead

 9  exemption under chapter 196;

10         b.  Property for which the owner has a current, written

11  lease with a renter for a term of at least 7 months and for

12  which the dwelling is insured by the corporation for $200,000

13  or less;

14         c.  An owner-occupied mobile home or manufactured home,

15  as defined in s. 320.01, which is permanently affixed to real

16  property, is owned by a Florida resident, and has been granted

17  a homestead exemption under chapter 196 or, if the owner does

18  not own the real property, the owner certifies that the mobile

19  home or manufactured home is his or her principal place of

20  residence.

21         d.  Tenant's coverage;

22         e.  Commercial lines residential property; or

23         f.  Any county, district, or municipal hospital; a

24  hospital licensed by any not-for-profit corporation qualified

25  under s. 501(c)(3) of the United States Internal Revenue Code;

26  or a continuing care retirement community that is certified

27  under chapter 651 and that receives an exemption from ad

28  valorem taxes under chapter 196.

29         4.  For the purposes of this subsection, the term

30  "nonhomestead property" means property that is not homestead

31  property.


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 1         5.  Effective July 1, 2008, a personal lines

 2  residential structure that has a dwelling replacement cost of

 3  $1 million or more, or a single condominium unit that has a

 4  combined dwelling and content replacement cost of $1 million

 5  or more is not eligible for coverage by the corporation. Such

 6  dwellings insured by the corporation on June 30, 2008, may

 7  continue to be covered by the corporation until the end of the

 8  policy term. However, such dwellings that are insured by the

 9  corporation and become ineligible for coverage due to the

10  provisions of this subparagraph may reapply and obtain

11  coverage in the high-risk account and be considered

12  "nonhomestead property" if the property owner provides the

13  corporation with a sworn affidavit from one or more insurance

14  agents, on a form provided by the corporation, stating that

15  the agents have made their best efforts to obtain coverage and

16  that the property has been rejected for coverage by at least

17  one authorized insurer and at least three surplus lines

18  insurers. If such conditions are met, the dwelling may be

19  insured by the corporation for up to 3 years, after which time

20  the dwelling is ineligible for coverage. The office shall

21  approve the method used by the corporation for valuing the

22  dwelling replacement cost for the purposes of this

23  subparagraph. If a policyholder is insured by the corporation

24  prior to being determined to be ineligible pursuant to this

25  subparagraph and such policyholder files a lawsuit challenging

26  the determination, the policyholder may remain insured by the

27  corporation until the conclusion of the litigation.

28         6.  Effective March 1, 2007, nonhomestead property is

29  not eligible for coverage by the corporation and is not

30  eligible for renewal of such coverage unless the property

31  owner provides the corporation with a sworn affidavit from one


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    SB 4-A                                         First Engrossed



 1  or more insurance agents, on a form provided by the

 2  corporation, stating that the agents have made their best

 3  efforts to obtain coverage and that the property has been

 4  rejected for coverage by at least one authorized insurer and

 5  at least three surplus lines insurers.

 6         6.7.  It is the intent of the Legislature that

 7  policyholders, applicants, and agents of the corporation

 8  receive service and treatment of the highest possible level

 9  but never less than that generally provided in the voluntary

10  market. It also is intended that the corporation be held to

11  service standards no less than those applied to insurers in

12  the voluntary market by the office with respect to

13  responsiveness, timeliness, customer courtesy, and overall

14  dealings with policyholders, applicants, or agents of the

15  corporation.

16         (b)1.  All insurers authorized to write one or more

17  subject lines of business in this state are subject to

18  assessment by the corporation and, for the purposes of this

19  subsection, are referred to collectively as "assessable

20  insurers." Insurers writing one or more subject lines of

21  business in this state pursuant to part VIII of chapter 626

22  are not assessable insurers, but insureds who procure one or

23  more subject lines of business in this state pursuant to part

24  VIII of chapter 626 are subject to assessment by the

25  corporation and are referred to collectively as "assessable

26  insureds." An authorized insurer's assessment liability shall

27  begin on the first day of the calendar year following the year

28  in which the insurer was issued a certificate of authority to

29  transact insurance for subject lines of business in this state

30  and shall terminate 1 year after the end of the first calendar

31  year during which the insurer no longer holds a certificate of


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    SB 4-A                                         First Engrossed



 1  authority to transact insurance for subject lines of business

 2  in this state.

 3         2.a.  All revenues, assets, liabilities, losses, and

 4  expenses of the corporation shall be divided into three

 5  separate accounts as follows:

 6         (I)  A personal lines account for personal residential

 7  policies issued by the corporation or issued by the

 8  Residential Property and Casualty Joint Underwriting

 9  Association and renewed by the corporation that provide

10  comprehensive, multiperil coverage on risks that are not

11  located in areas eligible for coverage in the Florida

12  Windstorm Underwriting Association as those areas were defined

13  on January 1, 2002, and for such policies that do not provide

14  coverage for the peril of wind on risks that are located in

15  such areas;

16         (II)  A commercial lines account for commercial

17  residential and commercial nonresidential policies issued by

18  the corporation or issued by the Residential Property and

19  Casualty Joint Underwriting Association and renewed by the

20  corporation that provide coverage for basic property perils on

21  risks that are not located in areas eligible for coverage in

22  the Florida Windstorm Underwriting Association as those areas

23  were defined on January 1, 2002, and for such policies that do

24  not provide coverage for the peril of wind on risks that are

25  located in such areas; and

26         (III)  A high-risk account for personal residential

27  policies and commercial residential and commercial

28  nonresidential property policies issued by the corporation or

29  transferred to the corporation that provide coverage for the

30  peril of wind on risks that are located in areas eligible for

31  coverage in the Florida Windstorm Underwriting Association as


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    SB 4-A                                         First Engrossed



 1  those areas were defined on January 1, 2002. Beginning April

 2  1, 2007, the corporation may offer multiperil coverage,

 3  wind-only coverage, or both types of coverage in the high-risk

 4  account. In issuing multiperil coverage, the corporation may

 5  use its approved policy forms and rates for personal lines

 6  accounts through December 31, 2007. It is the intent of the

 7  Legislature that the offer of multiperil coverage in the

 8  high-risk account be made and implemented in a manner that

 9  does not adversely affect the creditworthiness of or security

10  for currently outstanding financing obligations or credit

11  facilities of the high-risk account, the personal lines

12  account, or the commercial lines account. The high-risk

13  account must also include quota share primary insurance under

14  subparagraph (c)2. The area eligible for coverage under the

15  high-risk account also includes the area within Port

16  Canaveral, which is bordered on the south by the City of Cape

17  Canaveral, bordered on the west by the Banana River, and

18  bordered on the north by Federal Government property. The

19  office may remove territory from the area eligible for

20  wind-only and quota share coverage if, after a public hearing,

21  the office finds that authorized insurers in the voluntary

22  market are willing and able to write sufficient amounts of

23  personal and commercial residential coverage for all perils in

24  the territory, including coverage for the peril of wind, such

25  that risks covered by wind-only policies in the removed

26  territory could be issued a policy by the corporation in

27  either the personal lines or commercial lines account without

28  a significant increase in the corporation's probable maximum

29  loss in such account. Removal of territory from the area

30  eligible for wind-only or quota share coverage does not alter

31  


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    SB 4-A                                         First Engrossed



 1  the assignment of wind coverage written in such areas to the

 2  high-risk account.

 3         b.  The three separate accounts must be maintained as

 4  long as financing obligations entered into by the Florida

 5  Windstorm Underwriting Association or Residential Property and

 6  Casualty Joint Underwriting Association are outstanding, in

 7  accordance with the terms of the corresponding financing

 8  documents. When the financing obligations are no longer

 9  outstanding, in accordance with the terms of the corresponding

10  financing documents, the corporation may use a single account

11  for all revenues, assets, liabilities, losses, and expenses of

12  the corporation. Consistent with the requirement of this

13  subparagraph and prudent investment policies that minimize the

14  cost of carrying debt, the board shall exercise its best

15  efforts to retire existing debt or to obtain approval of

16  necessary parties to amend the terms of existing debt, so as

17  to structure the most efficient plan to consolidate the three

18  separate accounts into a single account. By February 1, 2007,

19  the board shall submit a report to the Financial Services

20  Commission, the President of the Senate, and the Speaker of

21  the House of Representatives which includes an analysis of

22  consolidating the accounts, the actions the board has taken to

23  minimize the cost of carrying debt, and its recommendations

24  for executing the most efficient plan.

25         c.  Creditors of the Residential Property and Casualty

26  Joint Underwriting Association shall have a claim against, and

27  recourse to, the accounts referred to in sub-sub-subparagraphs

28  a.(I) and (II) and shall have no claim against, or recourse

29  to, the account referred to in sub-sub-subparagraph a.(III).

30  Creditors of the Florida Windstorm Underwriting Association

31  shall have a claim against, and recourse to, the account


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    SB 4-A                                         First Engrossed



 1  referred to in sub-sub-subparagraph a.(III) and shall have no

 2  claim against, or recourse to, the accounts referred to in

 3  sub-sub-subparagraphs a.(I) and (II).

 4         d.  Revenues, assets, liabilities, losses, and expenses

 5  not attributable to particular accounts shall be prorated

 6  among the accounts.

 7         e.  The Legislature finds that the revenues of the

 8  corporation are revenues that are necessary to meet the

 9  requirements set forth in documents authorizing the issuance

10  of bonds under this subsection.

11         f.  No part of the income of the corporation may inure

12  to the benefit of any private person.

13         3.  With respect to a deficit in an account:

14         a.  When the deficit incurred in a particular calendar

15  year is not greater than 10 percent of the aggregate statewide

16  direct written premium for the subject lines of business for

17  the prior calendar year, the entire deficit shall be recovered

18  through regular assessments of assessable insurers under

19  paragraph (p) and assessable insureds.

20         b.  When the deficit incurred in a particular calendar

21  year exceeds 10 percent of the aggregate statewide direct

22  written premium for the subject lines of business for the

23  prior calendar year, the corporation shall levy regular

24  assessments on assessable insurers under paragraph (p) and on

25  assessable insureds in an amount equal to the greater of 10

26  percent of the deficit or 10 percent of the aggregate

27  statewide direct written premium for the subject lines of

28  business for the prior calendar year. Any remaining deficit

29  shall be recovered through emergency assessments under

30  sub-subparagraph d.

31  


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 1         c.  Each assessable insurer's share of the amount being

 2  assessed under sub-subparagraph a. or sub-subparagraph b.

 3  shall be in the proportion that the assessable insurer's

 4  direct written premium for the subject lines of business for

 5  the year preceding the assessment bears to the aggregate

 6  statewide direct written premium for the subject lines of

 7  business for that year. The assessment percentage applicable

 8  to each assessable insured is the ratio of the amount being

 9  assessed under sub-subparagraph a. or sub-subparagraph b. to

10  the aggregate statewide direct written premium for the subject

11  lines of business for the prior year. Assessments levied by

12  the corporation on assessable insurers under sub-subparagraphs

13  a. and b. shall be paid as required by the corporation's plan

14  of operation and paragraph (p). Notwithstanding any other

15  provision of this subsection, the aggregate amount of a

16  regular assessment for a deficit incurred in a particular

17  calendar year shall be reduced by the estimated amount to be

18  received by the corporation from the Citizens policyholder

19  surcharge under subparagraph (c)11. and the amount collected

20  or estimated to be collected from the assessment on Citizens

21  policyholders pursuant to sub-subparagraph i. Assessments

22  levied by the corporation on assessable insureds under

23  sub-subparagraphs a. and b. shall be collected by the surplus

24  lines agent at the time the surplus lines agent collects the

25  surplus lines tax required by s. 626.932 and shall be paid to

26  the Florida Surplus Lines Service Office at the time the

27  surplus lines agent pays the surplus lines tax to the Florida

28  Surplus Lines Service Office. Upon receipt of regular

29  assessments from surplus lines agents, the Florida Surplus

30  Lines Service Office shall transfer the assessments directly

31  to the corporation as determined by the corporation.


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    SB 4-A                                         First Engrossed



 1         d.  Upon a determination by the board of governors that

 2  a deficit in an account exceeds the amount that will be

 3  recovered through regular assessments under sub-subparagraph

 4  a. or sub-subparagraph b., the board shall levy, after

 5  verification by the office, emergency assessments, for as many

 6  years as necessary to cover the deficits, to be collected by

 7  assessable insurers and the corporation and collected from

 8  assessable insureds upon issuance or renewal of policies for

 9  subject lines of business, excluding National Flood Insurance

10  policies. The amount of the emergency assessment collected in

11  a particular year shall be a uniform percentage of that year's

12  direct written premium for subject lines of business and all

13  accounts of the corporation, excluding National Flood

14  Insurance Program policy premiums, as annually determined by

15  the board and verified by the office. The office shall verify

16  the arithmetic calculations involved in the board's

17  determination within 30 days after receipt of the information

18  on which the determination was based. Notwithstanding any

19  other provision of law, the corporation and each assessable

20  insurer that writes subject lines of business shall collect

21  emergency assessments from its policyholders without such

22  obligation being affected by any credit, limitation,

23  exemption, or deferment. Emergency assessments levied by the

24  corporation on assessable insureds shall be collected by the

25  surplus lines agent at the time the surplus lines agent

26  collects the surplus lines tax required by s. 626.932 and

27  shall be paid to the Florida Surplus Lines Service Office at

28  the time the surplus lines agent pays the surplus lines tax to

29  the Florida Surplus Lines Service Office. The emergency

30  assessments so collected shall be transferred directly to the

31  corporation on a periodic basis as determined by the


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    SB 4-A                                         First Engrossed



 1  corporation and shall be held by the corporation solely in the

 2  applicable account. The aggregate amount of emergency

 3  assessments levied for an account under this sub-subparagraph

 4  in any calendar year may not exceed the greater of 10 percent

 5  of the amount needed to cover the original deficit, plus

 6  interest, fees, commissions, required reserves, and other

 7  costs associated with financing of the original deficit, or 10

 8  percent of the aggregate statewide direct written premium for

 9  subject lines of business and for all accounts of the

10  corporation for the prior year, plus interest, fees,

11  commissions, required reserves, and other costs associated

12  with financing the original deficit.

13         e.  The corporation may pledge the proceeds of

14  assessments, projected recoveries from the Florida Hurricane

15  Catastrophe Fund, other insurance and reinsurance

16  recoverables, policyholder surcharges and other surcharges,

17  and other funds available to the corporation as the source of

18  revenue for and to secure bonds issued under paragraph (p),

19  bonds or other indebtedness issued under subparagraph (c)3.,

20  or lines of credit or other financing mechanisms issued or

21  created under this subsection, or to retire any other debt

22  incurred as a result of deficits or events giving rise to

23  deficits, or in any other way that the board determines will

24  efficiently recover such deficits. The purpose of the lines of

25  credit or other financing mechanisms is to provide additional

26  resources to assist the corporation in covering claims and

27  expenses attributable to a catastrophe. As used in this

28  subsection, the term "assessments" includes regular

29  assessments under sub-subparagraph a., sub-subparagraph b., or

30  subparagraph (p)1. and emergency assessments under

31  sub-subparagraph d. Emergency assessments collected under


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    SB 4-A                                         First Engrossed



 1  sub-subparagraph d. are not part of an insurer's rates, are

 2  not premium, and are not subject to premium tax, fees, or

 3  commissions; however, failure to pay the emergency assessment

 4  shall be treated as failure to pay premium. The emergency

 5  assessments under sub-subparagraph d. shall continue as long

 6  as any bonds issued or other indebtedness incurred with

 7  respect to a deficit for which the assessment was imposed

 8  remain outstanding, unless adequate provision has been made

 9  for the payment of such bonds or other indebtedness pursuant

10  to the documents governing such bonds or other indebtedness.

11         f.  As used in this subsection, the term "subject lines

12  of business" means insurance written by assessable insurers or

13  procured by assessable insureds for all property and casualty

14  lines of business in this state, but not including workers'

15  compensation or medical malpractice. As used in the

16  sub-subparagraph, the term "property and casualty lines of

17  business" includes all lines of business identified on Form 2,

18  Exhibit of Premiums and Losses, in the annual statement

19  required of authorized insurers by s. 624.424 and any rule

20  adopted under this section, except for those lines identified

21  as accident and health insurance and except for policies

22  written under the National Flood Insurance program or the

23  Federal Crop Insurance Program. For purposes of this

24  sub-subparagraph, the term "workers' compensation" includes

25  both workers' compensation insurance and excess workers'

26  compensation insurance. on real or personal property, as

27  defined in s. 624.604, including insurance for fire,

28  industrial fire, allied lines, farmowners multiperil,

29  homeowners multiperil, commercial multiperil, and mobile

30  homes, and including liability coverage on all such insurance,

31  but excluding inland marine as defined in s. 624.607(3) and


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    SB 4-A                                         First Engrossed



 1  excluding vehicle insurance as defined in s. 624.605(1) other

 2  than insurance on mobile homes used as permanent dwellings.

 3         g.  The Florida Surplus Lines Service Office shall

 4  determine annually the aggregate statewide written premium in

 5  subject lines of business procured by assessable insureds and

 6  shall report that information to the corporation in a form and

 7  at a time the corporation specifies to ensure that the

 8  corporation can meet the requirements of this subsection and

 9  the corporation's financing obligations.

10         h.  The Florida Surplus Lines Service Office shall

11  verify the proper application by surplus lines agents of

12  assessment percentages for regular assessments and emergency

13  assessments levied under this subparagraph on assessable

14  insureds and shall assist the corporation in ensuring the

15  accurate, timely collection and payment of assessments by

16  surplus lines agents as required by the corporation.

17         i.  If a deficit is incurred in any account in 2008 or

18  thereafter, the board of governors shall levy an immediate

19  assessment against the premium of each nonhomestead property

20  policyholder in all accounts of the corporation, as a uniform

21  percentage of the premium of the policy of up to 10 percent of

22  such premium, which funds shall be used to offset the deficit.

23  If this assessment is insufficient to eliminate the deficit,

24  the board of governors shall levy an additional assessment

25  against all policyholders of the corporation, which shall be

26  collected at the time of issuance or renewal of a policy, as a

27  uniform percentage of the premium for the policy of up to 10

28  percent of such premium, which funds shall be used to further

29  offset the deficit.

30         j.  The board of governors shall maintain separate

31  accounting records that consolidate data for nonhomestead


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    SB 4-A                                         First Engrossed



 1  properties, including, but not limited to, number of policies,

 2  insured values, premiums written, and losses. The board of

 3  governors shall annually report to the office and the

 4  Legislature a summary of such data.

 5         (c)  The plan of operation of the corporation:

 6         1.  Must provide for adoption of residential property

 7  and casualty insurance policy forms and commercial residential

 8  and nonresidential property insurance forms, which forms must

 9  be approved by the office prior to use. The corporation shall

10  adopt the following policy forms:

11         a.  Standard personal lines policy forms that are

12  comprehensive multiperil policies providing full coverage of a

13  residential property equivalent to the coverage provided in

14  the private insurance market under an HO-3, HO-4, or HO-6

15  policy.

16         b.  Basic personal lines policy forms that are policies

17  similar to an HO-8 policy or a dwelling fire policy that

18  provide coverage meeting the requirements of the secondary

19  mortgage market, but which coverage is more limited than the

20  coverage under a standard policy.

21         c.  Commercial lines residential and nonresidential

22  policy forms that are generally similar to the basic perils of

23  full coverage obtainable for commercial residential structures

24  and commercial nonresidential structures in the admitted

25  voluntary market.

26         d.  Personal lines and commercial lines residential

27  property insurance forms that cover the peril of wind only.

28  The forms are applicable only to residential properties

29  located in areas eligible for coverage under the high-risk

30  account referred to in sub-subparagraph (b)2.a.

31  


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    SB 4-A                                         First Engrossed



 1         e.  Commercial lines nonresidential property insurance

 2  forms that cover the peril of wind only. The forms are

 3  applicable only to nonresidential properties located in areas

 4  eligible for coverage under the high-risk account referred to

 5  in sub-subparagraph (b)2.a.

 6         f.  The corporation may adopt variations of the policy

 7  forms listed in sub-subparagraphs a.-e. that contain more

 8  restrictive coverage.

 9         2.a.  Must provide that the corporation adopt a program

10  in which the corporation and authorized insurers enter into

11  quota share primary insurance agreements for hurricane

12  coverage, as defined in s. 627.4025(2)(a), for eligible risks,

13  and adopt property insurance forms for eligible risks which

14  cover the peril of wind only. As used in this subsection, the

15  term:

16         (I)  "Quota share primary insurance" means an

17  arrangement in which the primary hurricane coverage of an

18  eligible risk is provided in specified percentages by the

19  corporation and an authorized insurer. The corporation and

20  authorized insurer are each solely responsible for a specified

21  percentage of hurricane coverage of an eligible risk as set

22  forth in a quota share primary insurance agreement between the

23  corporation and an authorized insurer and the insurance

24  contract. The responsibility of the corporation or authorized

25  insurer to pay its specified percentage of hurricane losses of

26  an eligible risk, as set forth in the quota share primary

27  insurance agreement, may not be altered by the inability of

28  the other party to the agreement to pay its specified

29  percentage of hurricane losses. Eligible risks that are

30  provided hurricane coverage through a quota share primary

31  insurance arrangement must be provided policy forms that set


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    SB 4-A                                         First Engrossed



 1  forth the obligations of the corporation and authorized

 2  insurer under the arrangement, clearly specify the percentages

 3  of quota share primary insurance provided by the corporation

 4  and authorized insurer, and conspicuously and clearly state

 5  that neither the authorized insurer nor the corporation may be

 6  held responsible beyond its specified percentage of coverage

 7  of hurricane losses.

 8         (II)  "Eligible risks" means personal lines residential

 9  and commercial lines residential risks that meet the

10  underwriting criteria of the corporation and are located in

11  areas that were eligible for coverage by the Florida Windstorm

12  Underwriting Association on January 1, 2002.

13         b.  The corporation may enter into quota share primary

14  insurance agreements with authorized insurers at corporation

15  coverage levels of 90 percent and 50 percent.

16         c.  If the corporation determines that additional

17  coverage levels are necessary to maximize participation in

18  quota share primary insurance agreements by authorized

19  insurers, the corporation may establish additional coverage

20  levels. However, the corporation's quota share primary

21  insurance coverage level may not exceed 90 percent.

22         d.  Any quota share primary insurance agreement entered

23  into between an authorized insurer and the corporation must

24  provide for a uniform specified percentage of coverage of

25  hurricane losses, by county or territory as set forth by the

26  corporation board, for all eligible risks of the authorized

27  insurer covered under the quota share primary insurance

28  agreement.

29         e.  Any quota share primary insurance agreement entered

30  into between an authorized insurer and the corporation is

31  subject to review and approval by the office. However, such


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    SB 4-A                                         First Engrossed



 1  agreement shall be authorized only as to insurance contracts

 2  entered into between an authorized insurer and an insured who

 3  is already insured by the corporation for wind coverage.

 4         f.  For all eligible risks covered under quota share

 5  primary insurance agreements, the exposure and coverage levels

 6  for both the corporation and authorized insurers shall be

 7  reported by the corporation to the Florida Hurricane

 8  Catastrophe Fund. For all policies of eligible risks covered

 9  under quota share primary insurance agreements, the

10  corporation and the authorized insurer shall maintain complete

11  and accurate records for the purpose of exposure and loss

12  reimbursement audits as required by Florida Hurricane

13  Catastrophe Fund rules. The corporation and the authorized

14  insurer shall each maintain duplicate copies of policy

15  declaration pages and supporting claims documents.

16         g.  The corporation board shall establish in its plan

17  of operation standards for quota share agreements which ensure

18  that there is no discriminatory application among insurers as

19  to the terms of quota share agreements, pricing of quota share

20  agreements, incentive provisions if any, and consideration

21  paid for servicing policies or adjusting claims.

22         h.  The quota share primary insurance agreement between

23  the corporation and an authorized insurer must set forth the

24  specific terms under which coverage is provided, including,

25  but not limited to, the sale and servicing of policies issued

26  under the agreement by the insurance agent of the authorized

27  insurer producing the business, the reporting of information

28  concerning eligible risks, the payment of premium to the

29  corporation, and arrangements for the adjustment and payment

30  of hurricane claims incurred on eligible risks by the claims

31  adjuster and personnel of the authorized insurer. Entering


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    SB 4-A                                         First Engrossed



 1  into a quota sharing insurance agreement between the

 2  corporation and an authorized insurer shall be voluntary and

 3  at the discretion of the authorized insurer.

 4         3.  May provide that the corporation may employ or

 5  otherwise contract with individuals or other entities to

 6  provide administrative or professional services that may be

 7  appropriate to effectuate the plan. The corporation shall have

 8  the power to borrow funds, by issuing bonds or by incurring

 9  other indebtedness, and shall have other powers reasonably

10  necessary to effectuate the requirements of this subsection,

11  including, without limitation, the power to issue bonds and

12  incur other indebtedness in order to refinance outstanding

13  bonds or other indebtedness. The corporation may, but is not

14  required to, seek judicial validation of its bonds or other

15  indebtedness under chapter 75. The corporation may issue bonds

16  or incur other indebtedness, or have bonds issued on its

17  behalf by a unit of local government pursuant to subparagraph

18  (g)2., in the absence of a hurricane or other weather-related

19  event, upon a determination by the corporation, subject to

20  approval by the office, that such action would enable it to

21  efficiently meet the financial obligations of the corporation

22  and that such financings are reasonably necessary to

23  effectuate the requirements of this subsection. The

24  corporation is authorized to take all actions needed to

25  facilitate tax-free status for any such bonds or indebtedness,

26  including formation of trusts or other affiliated entities.

27  The corporation shall have the authority to pledge

28  assessments, projected recoveries from the Florida Hurricane

29  Catastrophe Fund, other reinsurance recoverables, market

30  equalization and other surcharges, and other funds available

31  to the corporation as security for bonds or other


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    SB 4-A                                         First Engrossed



 1  indebtedness. In recognition of s. 10, Art. I of the State

 2  Constitution, prohibiting the impairment of obligations of

 3  contracts, it is the intent of the Legislature that no action

 4  be taken whose purpose is to impair any bond indenture or

 5  financing agreement or any revenue source committed by

 6  contract to such bond or other indebtedness.

 7         4.a.  Must require that the corporation operate subject

 8  to the supervision and approval of a board of governors

 9  consisting of eight individuals who are residents of this

10  state, from different geographical areas of this state. The

11  Governor, the Chief Financial Officer, the President of the

12  Senate, and the Speaker of the House of Representatives shall

13  each appoint two members of the board. At least one of the two

14  members appointed by each appointing officer must have

15  demonstrated expertise in insurance. The Chief Financial

16  Officer shall designate one of the appointees as chair. All

17  board members serve at the pleasure of the appointing officer.

18  All board members, including the chair, must be appointed to

19  serve for 3-year terms beginning annually on a date designated

20  by the plan. Any board vacancy shall be filled for the

21  unexpired term by the appointing officer. The Chief Financial

22  Officer shall appoint a technical advisory group to provide

23  information and advice to the board of governors in connection

24  with the board's duties under this subsection. The executive

25  director and senior managers of the corporation shall be

26  engaged by the board and serve at the pleasure of the board.

27  Any executive director appointed on or after July 1, 2006, is

28  subject to confirmation by the Senate. The executive director

29  is responsible for employing other staff as the corporation

30  may require, subject to review and concurrence by the board.

31  


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    SB 4-A                                         First Engrossed



 1         b.  The board shall create a Market Accountability

 2  Advisory Committee to assist the corporation in developing

 3  awareness of its rates and its customer and agent service

 4  levels in relationship to the voluntary market insurers

 5  writing similar coverage. The members of the advisory

 6  committee shall consist of the following 11 persons, one of

 7  whom must be elected chair by the members of the committee:

 8  four representatives, one appointed by the Florida Association

 9  of Insurance Agents, one by the Florida Association of

10  Insurance and Financial Advisors, one by the Professional

11  Insurance Agents of Florida, and one by the Latin American

12  Association of Insurance Agencies; three representatives

13  appointed by the insurers with the three highest voluntary

14  market share of residential property insurance business in the

15  state; one representative from the Office of Insurance

16  Regulation; one consumer appointed by the board who is insured

17  by the corporation at the time of appointment to the

18  committee; one representative appointed by the Florida

19  Association of Realtors; and one representative appointed by

20  the Florida Bankers Association. All members must serve for

21  3-year terms and may serve for consecutive terms. The

22  committee shall report to the corporation at each board

23  meeting on insurance market issues which may include rates and

24  rate competition with the voluntary market; service, including

25  policy issuance, claims processing, and general responsiveness

26  to policyholders, applicants, and agents; and matters relating

27  to depopulation.

28         5.  Must provide a procedure for determining the

29  eligibility of a risk for coverage, as follows:

30         a.  Subject to the provisions of s. 627.3517, with

31  respect to personal lines residential risks, if the risk is


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    SB 4-A                                         First Engrossed



 1  offered coverage from an authorized insurer at the insurer's

 2  approved rate under either a standard policy including wind

 3  coverage or, if consistent with the insurer's underwriting

 4  rules as filed with the office, a basic policy including wind

 5  coverage, the risk is not eligible for any policy issued by

 6  the corporation unless the premium for coverage from the

 7  authorized insurer is more than 25 percent greater than the

 8  premium for comparable coverage from the corporation. If the

 9  risk is not able to obtain any such offer, the risk is

10  eligible for either a standard policy including wind coverage

11  or a basic policy including wind coverage issued by the

12  corporation; however, if the risk could not be insured under a

13  standard policy including wind coverage regardless of market

14  conditions, the risk shall be eligible for a basic policy

15  including wind coverage unless rejected under subparagraph 8.

16  The corporation shall determine the type of policy to be

17  provided on the basis of objective standards specified in the

18  underwriting manual and based on generally accepted

19  underwriting practices.

20         (I)  If the risk accepts an offer of coverage through

21  the market assistance plan or an offer of coverage through a

22  mechanism established by the corporation before a policy is

23  issued to the risk by the corporation or during the first 30

24  days of coverage by the corporation, and the producing agent

25  who submitted the application to the plan or to the

26  corporation is not currently appointed by the insurer, the

27  insurer shall:

28         (A)  Pay to the producing agent of record of the

29  policy, for the first year, an amount that is the greater of

30  the insurer's usual and customary commission for the type of

31  


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    SB 4-A                                         First Engrossed



 1  policy written or a fee equal to the usual and customary

 2  commission of the corporation; or

 3         (B)  Offer to allow the producing agent of record of

 4  the policy to continue servicing the policy for a period of

 5  not less than 1 year and offer to pay the agent the greater of

 6  the insurer's or the corporation's usual and customary

 7  commission for the type of policy written.

 8  

 9  If the producing agent is unwilling or unable to accept

10  appointment, the new insurer shall pay the agent in accordance

11  with sub-sub-sub-subparagraph (A).

12         (II)  When the corporation enters into a contractual

13  agreement for a take-out plan, the producing agent of record

14  of the corporation policy is entitled to retain any unearned

15  commission on the policy, and the insurer shall:

16         (A)  Pay to the producing agent of record of the

17  corporation policy, for the first year, an amount that is the

18  greater of the insurer's usual and customary commission for

19  the type of policy written or a fee equal to the usual and

20  customary commission of the corporation; or

21         (B)  Offer to allow the producing agent of record of

22  the corporation policy to continue servicing the policy for a

23  period of not less than 1 year and offer to pay the agent the

24  greater of the insurer's or the corporation's usual and

25  customary commission for the type of policy written.

26  

27  If the producing agent is unwilling or unable to accept

28  appointment, the new insurer shall pay the agent in accordance

29  with sub-sub-sub-subparagraph (A).

30         b.  With respect to commercial lines residential risks,

31  if the risk is offered coverage under a policy including wind


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    SB 4-A                                         First Engrossed



 1  coverage from an authorized insurer at its approved rate, the

 2  risk is not eligible for any policy issued by the corporation

 3  unless the premium for coverage from the authorized insurer is

 4  more than 25 percent greater than the premium for comparable

 5  coverage from the corporation. If the risk is not able to

 6  obtain any such offer, the risk is eligible for a policy

 7  including wind coverage issued by the corporation.

 8         (I)  If the risk accepts an offer of coverage through

 9  the market assistance plan or an offer of coverage through a

10  mechanism established by the corporation before a policy is

11  issued to the risk by the corporation or during the first 30

12  days of coverage by the corporation, and the producing agent

13  who submitted the application to the plan or the corporation

14  is not currently appointed by the insurer, the insurer shall:

15         (A)  Pay to the producing agent of record of the

16  policy, for the first year, an amount that is the greater of

17  the insurer's usual and customary commission for the type of

18  policy written or a fee equal to the usual and customary

19  commission of the corporation; or

20         (B)  Offer to allow the producing agent of record of

21  the policy to continue servicing the policy for a period of

22  not less than 1 year and offer to pay the agent the greater of

23  the insurer's or the corporation's usual and customary

24  commission for the type of policy written.

25  

26  If the producing agent is unwilling or unable to accept

27  appointment, the new insurer shall pay the agent in accordance

28  with sub-sub-sub-subparagraph (A).

29         (II)  When the corporation enters into a contractual

30  agreement for a take-out plan, the producing agent of record

31  


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    SB 4-A                                         First Engrossed



 1  of the corporation policy is entitled to retain any unearned

 2  commission on the policy, and the insurer shall:

 3         (A)  Pay to the producing agent of record of the

 4  corporation policy, for the first year, an amount that is the

 5  greater of the insurer's usual and customary commission for

 6  the type of policy written or a fee equal to the usual and

 7  customary commission of the corporation; or

 8         (B)  Offer to allow the producing agent of record of

 9  the corporation policy to continue servicing the policy for a

10  period of not less than 1 year and offer to pay the agent the

11  greater of the insurer's or the corporation's usual and

12  customary commission for the type of policy written.

13  

14  If the producing agent is unwilling or unable to accept

15  appointment, the new insurer shall pay the agent in accordance

16  with sub-sub-sub-subparagraph (A).

17         6.  Must provide by July 1, 2007, that an application

18  for coverage for a new policy is subject to a waiting period

19  of 10 days before coverage is effective, during which time the

20  corporation shall make such application available for review

21  by general lines agents and authorized property and casualty

22  insurers. The board may approve exceptions that allow for

23  coverage to be effective before the end of the 10-day waiting

24  period, for coverage issued in conjunction with a real estate

25  closing, and for such other exceptions as the board determines

26  are necessary to prevent lapses in coverage.

27         7.  Must include rules for classifications of risks and

28  rates therefor.

29         8.  Must provide that if premium and investment income

30  for an account attributable to a particular calendar year are

31  in excess of projected losses and expenses for the account


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    SB 4-A                                         First Engrossed



 1  attributable to that year, such excess shall be held in

 2  surplus in the account. Such surplus shall be available to

 3  defray deficits in that account as to future years and shall

 4  be used for that purpose prior to assessing assessable

 5  insurers and assessable insureds as to any calendar year.

 6         9.  Must provide objective criteria and procedures to

 7  be uniformly applied for all applicants in determining whether

 8  an individual risk is so hazardous as to be uninsurable. In

 9  making this determination and in establishing the criteria and

10  procedures, the following shall be considered:

11         a.  Whether the likelihood of a loss for the individual

12  risk is substantially higher than for other risks of the same

13  class; and

14         b.  Whether the uncertainty associated with the

15  individual risk is such that an appropriate premium cannot be

16  determined.

17  

18  The acceptance or rejection of a risk by the corporation shall

19  be construed as the private placement of insurance, and the

20  provisions of chapter 120 shall not apply.

21         10.  Must provide that the corporation shall make its

22  best efforts to procure catastrophe reinsurance at reasonable

23  rates, to cover its projected 100-year probable maximum loss

24  as determined by the board of governors.

25         11.  Must provide that in the event of regular deficit

26  assessments under sub-subparagraph (b)3.a. or sub-subparagraph

27  (b)3.b., in the personal lines account, the commercial lines

28  residential account, or the high-risk account, the corporation

29  shall levy upon corporation policyholders in its next rate

30  filing, or by a separate rate filing solely for this purpose,

31  a Citizens policyholder surcharge arising from a regular


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    SB 4-A                                         First Engrossed



 1  assessment in such account in a percentage equal to the total

 2  amount of such regular assessments divided by the aggregate

 3  statewide direct written premium for subject lines of business

 4  for the prior calendar year. For purposes of calculating the

 5  Citizens policyholder surcharge to be levied under this

 6  subparagraph, the total amount of the regular assessment to

 7  which this surcharge is related shall be determined as set

 8  forth in subparagraph (b)3., without deducting the estimated

 9  Citizens policyholder surcharge. Citizens policyholder

10  surcharges under this subparagraph are not considered premium

11  and are not subject to commissions, fees, or premium taxes;

12  however, failure to pay a market equalization surcharge shall

13  be treated as failure to pay premium.

14         12.  The policies issued by the corporation must

15  provide that, if the corporation or the market assistance plan

16  obtains an offer from an authorized insurer to cover the risk

17  at its approved rates, the risk is no longer eligible for

18  renewal through the corporation, except as otherwise provided

19  in this subsection.

20         13.  Corporation policies and applications must include

21  a notice that the corporation policy could, under this

22  section, be replaced with a policy issued by an authorized

23  insurer that does not provide coverage identical to the

24  coverage provided by the corporation. The notice shall also

25  specify that acceptance of corporation coverage creates a

26  conclusive presumption that the applicant or policyholder is

27  aware of this potential.

28         14.  May establish, subject to approval by the office,

29  different eligibility requirements and operational procedures

30  for any line or type of coverage for any specified county or

31  area if the board determines that such changes to the


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    SB 4-A                                         First Engrossed



 1  eligibility requirements and operational procedures are

 2  justified due to the voluntary market being sufficiently

 3  stable and competitive in such area or for such line or type

 4  of coverage and that consumers who, in good faith, are unable

 5  to obtain insurance through the voluntary market through

 6  ordinary methods would continue to have access to coverage

 7  from the corporation. When coverage is sought in connection

 8  with a real property transfer, such requirements and

 9  procedures shall not provide for an effective date of coverage

10  later than the date of the closing of the transfer as

11  established by the transferor, the transferee, and, if

12  applicable, the lender.

13         15.  Must provide that, with respect to the high-risk

14  account, any assessable insurer with a surplus as to

15  policyholders of $25 million or less writing 25 percent or

16  more of its total countrywide property insurance premiums in

17  this state may petition the office, within the first 90 days

18  of each calendar year, to qualify as a limited apportionment

19  company. A regular assessment levied by the corporation on a

20  limited apportionment company for a deficit incurred by the

21  corporation for the high-risk account in 2006 or thereafter

22  may be paid to the corporation on a monthly basis as the

23  assessments are collected by the limited apportionment company

24  from its insureds pursuant to s. 627.3512, but the regular

25  assessment must be paid in full within 12 months after being

26  levied by the corporation. A limited apportionment company

27  shall collect from its policyholders any emergency assessment

28  imposed under sub-subparagraph (b)3.d. The plan shall provide

29  that, if the office determines that any regular assessment

30  will result in an impairment of the surplus of a limited

31  apportionment company, the office may direct that all or part


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    SB 4-A                                         First Engrossed



 1  of such assessment be deferred as provided in subparagraph

 2  (g)4. However, there shall be no limitation or deferment of an

 3  emergency assessment to be collected from policyholders under

 4  sub-subparagraph (b)3.d.

 5         16.  Must provide that the corporation appoint as its

 6  licensed agents only those agents who also hold an appointment

 7  as defined in s. 626.015(3) with an insurer who at the time of

 8  the agent's initial appointment by the corporation is

 9  authorized to write and is actually writing personal lines

10  residential property coverage, commercial residential property

11  coverage, or commercial nonresidential property coverage

12  within the state.

13         17.  Must provide, by July 1, 2007, a premium payment

14  plan option to its policyholders which allows for quarterly

15  and semiannual payment of premiums.

16         18.  Must provide, effective June 1, 2007, that the

17  corporation contract with each insurer providing the non-wind

18  coverage for risks insured by the corporation in the high-risk

19  account, requiring that the insurer provide claims adjusting

20  services for the wind coverage provided by the corporation for

21  such risks. An insurer is required to enter into this contract

22  as a condition of providing non-wind coverage for a risk that

23  is insured by the corporation in the high-risk account unless

24  the board finds, after a hearing, that the insurer is not

25  capable of providing adjusting services at an acceptable level

26  of quality to corporation policyholders. The terms and

27  conditions of such contracts must be substantially the same as

28  the contracts that the corporation executed with insurers

29  under the "adjust-your-own" program in 2006, except as may be

30  mutually agreed to by the parties and except for such changes

31  that the board determines are necessary to ensure that claims


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    SB 4-A                                         First Engrossed



 1  are adjusted appropriately. The corporation shall provide a

 2  process for neutral arbitration of any dispute between the

 3  corporation and the insurer regarding the terms of the

 4  contract. The corporation shall review and monitor the

 5  performance of insurers under these contracts.

 6         19.  Must limit coverage on mobile homes or

 7  manufactured homes built prior to 1994 to actual cash value of

 8  the dwelling rather than replacement costs of the dwelling.

 9         20.  May provide such limits of coverage as the board

10  determines, consistent with the requirements of this

11  subsection.

12         21.  May require commercial property to meet specified

13  hurricane mitigation construction features as a condition of

14  eligibility for coverage.

15         (m)1.

16         a.  Rates for coverage provided by the corporation

17  shall be actuarially sound and subject to the requirements of

18  s. 627.062, except as otherwise provided in this paragraph.

19  The corporation shall file its recommended rates with the

20  office at least annually. The corporation shall provide any

21  additional information regarding the rates which the office

22  requires. The office shall consider the recommendations of the

23  board and issue a final order establishing the rates for the

24  corporation within 45 days after the recommended rates are

25  filed. The corporation may not pursue an administrative

26  challenge or judicial review of the final order of the office.

27  not competitive with approved rates charged in the admitted

28  voluntary market, so that the corporation functions as a

29  residual market mechanism to provide insurance only when the

30  insurance cannot be procured in the voluntary market. Rates

31  shall include an appropriate catastrophe loading factor that


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    SB 4-A                                         First Engrossed



 1  reflects the actual catastrophic exposure of the corporation.

 2  For policies in the personal lines account and the commercial

 3  lines account issued or renewed on or after March 1, 2007, a

 4  rate is deemed inadequate if the rate, including investment

 5  income, is not sufficient to provide for the procurement of

 6  coverage under the Florida Hurricane Catastrophe Fund and

 7  private reinsurance costs, whether or not reinsurance is

 8  procured, and to pay all claims and expenses reasonably

 9  expected to result from a 100-year probable maximum loss event

10  without resort to any regular or emergency assessments,

11  long-term debt, state revenues, or other funding sources. For

12  policies in the high-risk account issued or renewed on or

13  after March 1, 2007, a rate is deemed inadequate if the rate,

14  including investment income, is not sufficient to provide for

15  the procurement of coverage under the Florida Hurricane

16  Catastrophe Fund and private reinsurance costs, whether or not

17  reinsurance is procured, and to pay all claims and expenses

18  reasonably expected to result from a 70-year probable maximum

19  loss event with resort to any regular or emergency

20  assessments, long-term debt, state revenues, or other funding

21  sources. For policies in the high-risk account issued or

22  renewed in 2008 and 2009, the rate must be based upon an

23  85-year and 100-year probable maximum loss event,

24  respectively.

25         b.  It is the intent of the Legislature to reaffirm the

26  requirement of rate adequacy in the residual market.

27  Recognizing that rates may comply with the intent expressed in

28  sub-subparagraph a. and yet be inadequate and recognizing the

29  public need to limit subsidies within the residual market, it

30  is the further intent of the Legislature to establish

31  statutory standards for rate adequacy. Such standards are


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    SB 4-A                                         First Engrossed



 1  intended to supplement the standard specified in s.

 2  627.062(2)(e)3., providing that rates are inadequate if they

 3  are clearly insufficient to sustain projected losses and

 4  expenses in the class of business to which they apply.

 5         2.  For each county, the average rates of the

 6  corporation for each line of business for personal lines

 7  residential policies excluding rates for wind-only policies

 8  shall be no lower than the average rates charged by the

 9  insurer that had the highest average rate in that county among

10  the 20 insurers with the greatest total direct written premium

11  in the state for that line of business in the preceding year,

12  except that with respect to mobile home coverages, the average

13  rates of the corporation shall be no lower than the average

14  rates charged by the insurer that had the highest average rate

15  in that county among the 5 insurers with the greatest total

16  written premium for mobile home owner's policies in the state

17  in the preceding year.

18         3.  Rates for personal lines residential wind-only

19  policies must be actuarially sound and not competitive with

20  approved rates charged by authorized insurers. If the filing

21  under this subparagraph is made at least 90 days before the

22  proposed effective date and the filing is not implemented

23  during the office's review of the filing and any proceeding

24  and judicial review, such filing shall be considered a "file

25  and use" filing. In such case, the office shall finalize its

26  review by issuance of a notice of intent to approve or a

27  notice of intent to disapprove within 90 days after receipt of

28  the filing. The notice of intent to approve and the notice of

29  intent to disapprove constitute agency action for purposes of

30  the Administrative Procedure Act. Requests for supporting

31  information, requests for mathematical or mechanical


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    SB 4-A                                         First Engrossed



 1  corrections, or notification to the insurer by the office of

 2  its preliminary findings shall not toll the 90-day period

 3  during any such proceedings and subsequent judicial review.

 4  The rate shall be deemed approved if the office does not issue

 5  a notice of intent to approve or a notice of intent to

 6  disapprove within 90 days after receipt of the filing.

 7  Corporation rate manuals shall include a rate surcharge for

 8  seasonal occupancy. To ensure that personal lines residential

 9  wind-only rates are not competitive with approved rates

10  charged by authorized insurers, the corporation, in

11  conjunction with the office, shall develop a wind-only

12  ratemaking methodology, which methodology shall be contained

13  in each rate filing made by the corporation with the office.

14  If the office determines that the wind-only rates or rating

15  factors filed by the corporation fail to comply with the

16  wind-only ratemaking methodology provided for in this

17  subsection, it shall so notify the corporation and require the

18  corporation to amend its rates or rating factors to come into

19  compliance within 90 days of notice from the office.

20         4.  The requirements of this paragraph that rates not

21  be competitive with approved rates charged by authorized

22  insurers do not apply in a county or area for which the office

23  determines that no authorized insurer is offering coverage.

24  The corporation shall amend its rates or rating factors for

25  the affected county or area in conjunction with its next rate

26  filing after such determination is made.

27         5.  For the purposes of establishing a pilot program to

28  evaluate issues relating to the availability and affordability

29  of insurance in an area where historically there has been

30  little market competition, the provisions of subparagraph 2.

31  do not apply to coverage provided by the corporation in Monroe


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    SB 4-A                                         First Engrossed



 1  County if the office determines that a reasonable degree of

 2  competition does not exist for personal lines residential

 3  policies. The provisions of subparagraph 3. do not apply to

 4  coverage provided by the corporation in Monroe County if the

 5  office determines that a reasonable degree of competition does

 6  not exist for personal lines residential policies in the area

 7  of that county which is eligible for wind-only coverage. In

 8  this county, the rates for personal lines residential coverage

 9  shall be actuarially sound and not excessive, inadequate, or

10  unfairly discriminatory and are subject to the other

11  provisions of the paragraph and s. 627.062. The commission

12  shall adopt rules establishing the criteria for determining

13  whether a reasonable degree of competition exists for personal

14  lines residential policies in Monroe County. By March 1, 2006,

15  the office shall submit a report to the Legislature providing

16  an evaluation of the implementation of the pilot program

17  affecting Monroe County.

18         6.  Rates for commercial lines coverage shall not be

19  subject to the requirements of subparagraph 2., but shall be

20  subject to all other requirements of this paragraph and s.

21  627.062.

22         7.  Nothing in this paragraph shall require or allow

23  the corporation to adopt a rate that is inadequate under s.

24  627.062.

25         8.  The corporation shall certify to the office at

26  least twice annually that its personal lines rates comply with

27  the requirements of subparagraphs 1., 2., and 3. If any

28  adjustment in the rates or rating factors of the corporation

29  is necessary to ensure such compliance, the corporation shall

30  make and implement such adjustments and file its revised rates

31  and rating factors with the office. If the office thereafter


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    SB 4-A                                         First Engrossed



 1  determines that the revised rates and rating factors fail to

 2  comply with the provisions of subparagraphs 1., 2., and 3., it

 3  shall notify the corporation and require the corporation to

 4  amend its rates or rating factors in conjunction with its next

 5  rate filing. The office must notify the corporation by

 6  electronic means of any rate filing it approves for any

 7  insurer among the insurers referred to in subparagraph 2.

 8         2.9.  In addition to the rates otherwise determined

 9  pursuant to this paragraph, the corporation shall impose and

10  collect an amount equal to the premium tax provided for in s.

11  624.509 to augment the financial resources of the corporation.

12         10.  The corporation shall develop a notice to

13  policyholders or applicants that the rates of Citizens

14  Property Insurance Corporation are intended to be higher than

15  the rates of any admitted carrier and providing other

16  information the corporation deems necessary to assist

17  consumers in finding other voluntary admitted insurers willing

18  to insure their property.

19         3.11.  After the public hurricane loss-projection model

20  under s. 627.06281 has been found to be accurate and reliable

21  by the Florida Commission on Hurricane Loss Projection

22  Methodology, that model shall serve as the minimum benchmark

23  for determining the windstorm portion of the corporation's

24  rates. This subparagraph does not require or allow the

25  corporation to adopt rates lower than the rates otherwise

26  required or allowed by this paragraph.

27         4.  The rate filings for the corporation which were

28  approved by the office and which took effect January 1, 2007,

29  are rescinded, except for those rates that were lowered. As

30  soon as possible, the corporation shall begin using the lower

31  rates that were in effect on December 31, 2006, and shall


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    SB 4-A                                         First Engrossed



 1  provide refunds to policyholders who have paid higher rates as

 2  a result of that rate filing. The rates in effect on December

 3  31, 2006, shall remain in effect for the 2007 calendar year

 4  except for any rate change that results in a lower rate. The

 5  next rate change that may increase rates shall take effect

 6  January 1, 2008, pursuant to a new rate filing recommended by

 7  the corporation and established by the office, subject to the

 8  requirements of this paragraph.

 9         (p)1.  The corporation shall certify to the office its

10  needs for annual assessments as to a particular calendar year,

11  and for any interim assessments that it deems to be necessary

12  to sustain operations as to a particular year pending the

13  receipt of annual assessments. Upon verification, the office

14  shall approve such certification, and the corporation shall

15  levy such annual or interim assessments. Such assessments

16  shall be prorated as provided in paragraph (b). The

17  corporation shall take all reasonable and prudent steps

18  necessary to collect the amount of assessment due from each

19  assessable insurer, including, if prudent, filing suit to

20  collect such assessment. If the corporation is unable to

21  collect an assessment from any assessable insurer, the

22  uncollected assessments shall be levied as an additional

23  assessment against the assessable insurers and any assessable

24  insurer required to pay an additional assessment as a result

25  of such failure to pay shall have a cause of action against

26  such nonpaying assessable insurer. Assessments shall be

27  included as an appropriate factor in the making of rates. The

28  failure of a surplus lines agent to collect and remit any

29  regular or emergency assessment levied by the corporation is

30  considered to be a violation of s. 626.936 and subjects the

31  surplus lines agent to the penalties provided in that section.


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    SB 4-A                                         First Engrossed



 1         2.  The governing body of any unit of local government,

 2  any residents of which are insured by the corporation, may

 3  issue bonds as defined in s. 125.013 or s. 166.101 from time

 4  to time to fund an assistance program, in conjunction with the

 5  corporation, for the purpose of defraying deficits of the

 6  corporation. In order to avoid needless and indiscriminate

 7  proliferation, duplication, and fragmentation of such

 8  assistance programs, any unit of local government, any

 9  residents of which are insured by the corporation, may provide

10  for the payment of losses, regardless of whether or not the

11  losses occurred within or outside of the territorial

12  jurisdiction of the local government. Revenue bonds under this

13  subparagraph may not be issued until validated pursuant to

14  chapter 75, unless a state of emergency is declared by

15  executive order or proclamation of the Governor pursuant to s.

16  252.36 making such findings as are necessary to determine that

17  it is in the best interests of, and necessary for, the

18  protection of the public health, safety, and general welfare

19  of residents of this state and declaring it an essential

20  public purpose to permit certain municipalities or counties to

21  issue such bonds as will permit relief to claimants and

22  policyholders of the corporation. Any such unit of local

23  government may enter into such contracts with the corporation

24  and with any other entity created pursuant to this subsection

25  as are necessary to carry out this paragraph. Any bonds issued

26  under this subparagraph shall be payable from and secured by

27  moneys received by the corporation from emergency assessments

28  under sub-subparagraph (b)3.d., and assigned and pledged to or

29  on behalf of the unit of local government for the benefit of

30  the holders of such bonds.  The funds, credit, property, and

31  taxing power of the state or of the unit of local government


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    SB 4-A                                         First Engrossed



 1  shall not be pledged for the payment of such bonds. If any of

 2  the bonds remain unsold 60 days after issuance, the office

 3  shall require all insurers subject to assessment to purchase

 4  the bonds, which shall be treated as admitted assets; each

 5  insurer shall be required to purchase that percentage of the

 6  unsold portion of the bond issue that equals the insurer's

 7  relative share of assessment liability under this subsection.

 8  An insurer shall not be required to purchase the bonds to the

 9  extent that the office determines that the purchase would

10  endanger or impair the solvency of the insurer.

11         3.a.  The corporation shall adopt one or more programs

12  subject to approval by the office for the reduction of both

13  new and renewal writings in the corporation. Beginning January

14  1, 2008, any program the corporation adopts for the payment of

15  bonuses to an insurer for each risk the insurer removes from

16  the corporation shall comply with s. 627.3511(2) and may not

17  exceed the amount referenced in s. 627.3511(2) for each risk

18  removed. The corporation may consider any prudent and not

19  unfairly discriminatory approach to reducing corporation

20  writings, and may adopt a credit against assessment liability

21  or other liability that provides an incentive for insurers to

22  take risks out of the corporation and to keep risks out of the

23  corporation by maintaining or increasing voluntary writings in

24  counties or areas in which corporation risks are highly

25  concentrated and a program to provide a formula under which an

26  insurer voluntarily taking risks out of the corporation by

27  maintaining or increasing voluntary writings will be relieved

28  wholly or partially from assessments under sub-subparagraphs

29  (b)3.a. and b. However, any "take-out bonus" or payment to an

30  insurer must be conditioned on the property being insured for

31  at least 5 years by the insurer, unless canceled or nonrenewed


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 1  by the policyholder. If the policy is canceled or nonrenewed

 2  by the policyholder before the end of the 5-year period, the

 3  amount of the take-out bonus must be prorated for the time

 4  period the policy was insured. When the corporation enters

 5  into a contractual agreement for a take-out plan, the

 6  producing agent of record of the corporation policy is

 7  entitled to retain any unearned commission on such policy, and

 8  the insurer shall either:

 9         (I)  Pay to the producing agent of record of the

10  policy, for the first year, an amount which is the greater of

11  the insurer's usual and customary commission for the type of

12  policy written or a policy fee equal to the usual and

13  customary commission of the corporation; or

14         (II)  Offer to allow the producing agent of record of

15  the policy to continue servicing the policy for a period of

16  not less than 1 year and offer to pay the agent the insurer's

17  usual and customary commission for the type of policy written.

18  If the producing agent is unwilling or unable to accept

19  appointment by the new insurer, the new insurer shall pay the

20  agent in accordance with sub-sub-subparagraph (I).

21         b.  Any credit or exemption from regular assessments

22  adopted under this subparagraph shall last no longer than the

23  3 years following the cancellation or expiration of the policy

24  by the corporation. With the approval of the office, the board

25  may extend such credits for an additional year if the insurer

26  guarantees an additional year of renewability for all policies

27  removed from the corporation, or for 2 additional years if the

28  insurer guarantees 2 additional years of renewability for all

29  policies so removed.

30  

31  


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    SB 4-A                                         First Engrossed



 1         c.  There shall be no credit, limitation, exemption, or

 2  deferment from emergency assessments to be collected from

 3  policyholders pursuant to sub-subparagraph (b)3.d.

 4         4.  The plan shall provide for the deferment, in whole

 5  or in part, of the assessment of an assessable insurer, other

 6  than an emergency assessment collected from policyholders

 7  pursuant to sub-subparagraph (b)3.d., if the office finds that

 8  payment of the assessment would endanger or impair the

 9  solvency of the insurer. In the event an assessment against an

10  assessable insurer is deferred in whole or in part, the amount

11  by which such assessment is deferred may be assessed against

12  the other assessable insurers in a manner consistent with the

13  basis for assessments set forth in paragraph (b).

14         5.  Effective July 1, 2007, in order to evaluate the

15  costs and benefits of approved take-out plans, if the

16  corporation pays a bonus or other payment to an insurer for an

17  approved take-out plan, it shall maintain a record of the

18  address or such other identifying information on the property

19  or risk removed in order to track if and when the property or

20  risk is later insured by the corporation.

21         6.  Any policy taken out, assumed, or removed from the

22  corporation is, as of the effective date of the take-out,

23  assumption, or removal, direct insurance issued by the insurer

24  and not by the corporation, even if the corporation continues

25  to service the policies. This subparagraph applies to policies

26  of the corporation and not policies taken out, assumed, or

27  removed from any other entity.

28         (s)  For the purposes of s. 199.183(1), the corporation

29  shall be considered a political subdivision of the state and

30  shall be exempt from the corporate income tax. The premiums,

31  assessments, investment income, and other revenue of the


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 1  corporation are funds received for providing property

 2  insurance coverage as required by this subsection, paying

 3  claims for Florida citizens insured by the corporation,

 4  securing and repaying debt obligations issued by the

 5  corporation, and conducting all other activities of the

 6  corporation, and shall not be considered taxes, fees,

 7  licenses, or charges for services imposed by the Legislature

 8  on individuals, businesses, or agencies outside state

 9  government. Bonds and other debt obligations issued by or on

10  behalf of the corporation are not to be considered "state

11  bonds" within the meaning of s. 215.58(8). The corporation is

12  not subject to the procurement provisions of chapter 287, and

13  policies and decisions of the corporation relating to

14  incurring debt, levying of assessments and the sale, issuance,

15  continuation, terms and claims under corporation policies, and

16  all services relating thereto, are not subject to the

17  provisions of chapter 120. The corporation is not required to

18  obtain or to hold a certificate of authority issued by the

19  office, nor is it required to participate as a member insurer

20  of the Florida Insurance Guaranty Association. However, the

21  corporation is required to pay, in the same manner as an

22  authorized insurer, assessments levied pledged by the Florida

23  Insurance Guaranty Association to secure bonds issued or other

24  indebtedness incurred to pay covered claims arising from

25  insurer insolvencies caused by, or proximately related to,

26  hurricane losses. It is the intent of the Legislature that the

27  tax exemptions provided in this paragraph will augment the

28  financial resources of the corporation to better enable the

29  corporation to fulfill its public purposes. Any debt

30  obligations issued by the corporation, their transfer, and the

31  income therefrom, including any profit made on the sale


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 1  thereof, shall at all times be free from taxation of every

 2  kind by the state and any political subdivision or local unit

 3  or other instrumentality thereof; however, this exemption does

 4  not apply to any tax imposed by chapter 220 on interest,

 5  income, or profits on debt obligations owned by corporations

 6  other than the corporation.

 7         (ee)  The assets of the corporation may be invested and

 8  managed by the State Board of Administration.

 9         Section 28.  It is the intent of the Legislature that

10  commercial nonresidential property insurance coverage be made

11  available from Citizens Property Insurance Corporation

12  (Citizens), under s. 627.351(6), Florida Statutes, as amended

13  by this act, rather than from the Property and Casualty Joint

14  Underwriting Association (PCJUA), under s. 627.351(5), Florida

15  Statutes. As soon as it is reasonably able to do so, Citizens

16  shall adopt, subject to approval of the Office of Insurance

17  Regulation, a plan providing for the transition of such

18  coverage from the PCJUA to Citizens under such forms, rates,

19  terms, and conditions as the board of Citizens considers

20  appropriate. The plan shall include any contractual agreements

21  between Citizens and the PCJUA which are required to effect

22  the transition. In the transition plan, Citizens may assume

23  policies or otherwise provide coverage for the commercial

24  nonresidential policyholders of the PCJUA and may also provide

25  for allocating to the appropriate account or accounts of

26  Citizens the revenues, assets, liabilities, losses, and

27  expenses associated with policies of the PCJUA which are

28  assumed or otherwise covered by Citizens. It is the intent of

29  the Legislature that the transition plan be implemented in a

30  manner that does not adversely affect the creditworthiness of

31  or security for currently outstanding financing obligations or


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 1  credit facilities of the high-risk account, the personal lines

 2  account, or the commercial lines account. The order issued by

 3  the Office of Insurance Regulation may allow the PCJUA to

 4  continue to issue such coverage until the time that Citizens

 5  begins issuing such coverage.

 6         Section 29.  Subsections (3), (4), (5), and (7) of

 7  section 627.701, Florida Statutes, are amended to read:

 8         627.701  Liability of insureds; coinsurance;

 9  deductibles.--

10         (3)(a)  A policy of residential property insurance

11  shall include a deductible amount applicable to hurricane

12  losses no lower than $500 and no higher than 2 percent of the

13  policy dwelling limits with respect to personal lines

14  residential risks, and no higher than 3 percent of the policy

15  limits with respect to commercial lines residential risks;

16  however, if a risk was covered on August 24, 1992, under a

17  policy having a higher deductible than the deductibles allowed

18  by this paragraph, a policy covering such risk may include a

19  deductible no higher than the deductible in effect on August

20  24, 1992. Notwithstanding the other provisions of this

21  paragraph, a personal lines residential policy covering a risk

22  valued at $50,000 or less may include a deductible amount

23  attributable to hurricane losses no lower than $250, and a

24  personal lines residential policy covering a risk valued at

25  $100,000 or more may include a deductible amount attributable

26  to hurricane losses no higher than 10 percent of the policy

27  limits unless subject to a higher deductible on August 24,

28  1992; however, no maximum deductible is required with respect

29  to a personal lines residential policy covering a risk valued

30  at more than $500,000. An insurer may require a higher

31  deductible, provided such deductible is the same as or similar


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 1  to a deductible program lawfully in effect on June 14, 1995.

 2  In addition to the deductible amounts authorized by this

 3  paragraph, an insurer may also offer policies with a copayment

 4  provision under which, after exhaustion of the deductible, the

 5  policyholder is responsible for 10 percent of the next $10,000

 6  of insured hurricane losses.

 7         (a)(b)1.  Except as otherwise provided in this

 8  paragraph, prior to issuing a personal lines residential

 9  property insurance policy on or after January 1, 2006, or

10  prior to the first renewal of a residential property insurance

11  policy on or after January 1, 2006, the insurer must offer

12  alternative deductible amounts applicable to hurricane losses

13  equal to $500, 2 percent, 5 percent, and 10 percent of the

14  policy dwelling limits, unless the specific percentage

15  deductible is less than $500. The written notice of the offer

16  shall specify the hurricane or wind deductible to be applied

17  in the event that the applicant or policyholder fails to

18  affirmatively choose a hurricane deductible. The insurer must

19  provide such policyholder with notice of the availability of

20  the deductible amounts specified in this paragraph in a form

21  approved by the office in conjunction with each renewal of the

22  policy. The failure to provide such notice constitutes a

23  violation of this code but does not affect the coverage

24  provided under the policy.

25         2.  For policies issued or renewed on or after July 1,

26  2007, an insurer that is subject to subparagraph 1. must also

27  offer a deductible applicable to hurricane losses which covers

28  50 percent of the policyholder's equity in a structure that is

29  subject to a mortgage or lien. As a condition of making this

30  offer, the insurer may require the policyholder or financial

31  institution or other lienholder that holds the mortgage to


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 1  provide documentation annually to the insurer identifying the

 2  amount of the policyholder's equity projected for the policy

 3  year. The deductible may be structured to cover 50 percent of

 4  the policyholder's equity as of the effective date of the

 5  policy renewal or the deductible may be scheduled to reflect a

 6  monthly adjustment that tracks the change in the

 7  policyholder's equity. The commission may adopt rules to

 8  administer this subparagraph.

 9         3.2.  This paragraph does not apply with respect to a

10  deductible program lawfully in effect on June 14, 1995, or to

11  any similar deductible program, if the deductible program

12  requires a minimum deductible amount of no less than 2 percent

13  of the policy limits.

14         4.3.  With respect to a policy covering a risk with

15  dwelling limits of at least $100,000, but less than $250,000,

16  the insurer may, in lieu of offering a policy with a $500

17  hurricane or wind deductible as required by subparagraph 1.,

18  offer a policy that the insurer guarantees it will not

19  nonrenew for reasons of reducing hurricane loss for one

20  renewal period and that contains up to a 2 percent hurricane

21  or wind deductible as required by subparagraph 1.

22         5.4.  With respect to a policy covering a risk with

23  dwelling limits of $250,000 or more, the insurer need not

24  offer the $500 hurricane deductible as required by

25  subparagraph 1., but must, except as otherwise provided in

26  this subsection, offer the other hurricane deductibles as

27  required by subparagraph 1.

28         (4)(a)  Any policy that contains a separate hurricane

29  deductible must on its face include in boldfaced type no

30  smaller than 18 points the following statement: "THIS POLICY

31  CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY


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 1  RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU." A policy

 2  containing a coinsurance provision applicable to hurricane

 3  losses must on its face include in boldfaced type no smaller

 4  than 18 points the following statement: "THIS POLICY CONTAINS

 5  A CO-PAY PROVISION THAT MAY RESULT IN HIGH OUT-OF-POCKET

 6  EXPENSES TO YOU."

 7         (b)  Beginning October 1, 2005, For any personal lines

 8  residential property insurance policy containing a separate

 9  hurricane deductible, the insurer shall compute and

10  prominently display the actual dollar value of the hurricane

11  deductible on the declarations page of the policy at issuance

12  and, for renewal, on the renewal declarations page of the

13  policy or on the premium renewal notice.

14         (c)  Beginning October 1, 2005, For any personal lines

15  residential property insurance policy containing an inflation

16  guard rider, the insurer shall compute and prominently display

17  the actual dollar value of the hurricane deductible on the

18  declarations page of the policy at issuance and, for renewal,

19  on the renewal declarations page of the policy or on the

20  premium renewal notice. In addition, beginning October 1,

21  2005, for any personal lines residential property insurance

22  policy containing an inflation guard rider, the insurer shall

23  notify the policyholder of the possibility that the hurricane

24  deductible may be higher than indicated when loss occurs due

25  to application of the inflation guard rider. Such notification

26  shall be made on the declarations page of the policy at

27  issuance and, for renewal, on the renewal declarations page of

28  the policy or on the premium renewal notice.

29         (d)1.  A personal lines residential property insurance

30  policy covering a risk valued at less than $500,000 may not

31  have a hurricane deductible in excess of 10 percent of the


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 1  policy dwelling limits, unless the following conditions are

 2  met:

 3         a.  The policyholder must personally write and provide

 4  to the insurer the following statement in his or her own

 5  handwriting and signs his or her name, which must also be

 6  signed by every other named insured on the policy, and dated:

 7  "I do not want the insurance on my home to pay for the first

 8  (specify dollar value) of damage from hurricanes. I will pay

 9  those costs. My insurance will not."

10         b.  If the structure insured by the policy is subject

11  to a mortgage or lien, the policyholder must provide the

12  insurer with a written statement from the mortgageholder or

13  lienholder indicating that the mortgageholder or lienholder

14  approves the policyholder electing to have the specified

15  deductible.

16         2.  A deductible subject to the requirements of this

17  paragraph applies only for the term of the policy and must be

18  newly executed upon each renewal pursuant to the requirements

19  of this paragraph.

20         3.  An insurer shall keep the original copy of the

21  signed statement required by this paragraph and provide a copy

22  to the policyholder providing the signed statement. A signed

23  statement meeting the requirements of this paragraph creates a

24  presumption that there was an informed, knowing election of

25  coverage.

26         4.  The commission shall adopt rules providing

27  appropriate alternative methods for providing the statements

28  required by this section for policyholders who have a

29  handicapping or disabling condition that prevents them from

30  providing a handwritten statement.

31  


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 1         (5)(a)  The hurricane deductible of any personal lines

 2  residential property insurance policy issued or renewed on or

 3  after May 1, 2005, shall be applied as follows:

 4         1.  The hurricane deductible shall apply on an annual

 5  basis to all covered hurricane losses that occur during the

 6  calendar year for losses that are covered under one or more

 7  policies issued by the same insurer or an insurer in the same

 8  insurer group.

 9         2.  If a hurricane deductible applies separately to

10  each of one or more structures insured under a single policy,

11  the requirements of this paragraph apply with respect to the

12  deductible for each structure.

13         3.  If there was a hurricane loss for a prior hurricane

14  or hurricanes during the calendar year, the insurer may apply

15  a deductible to a subsequent hurricane which is the greater of

16  the remaining amount of the hurricane deductible or the amount

17  of the deductible that applies to perils other than a

18  hurricane. Insurers may require policyholders to report

19  hurricane losses that are below the hurricane deductible or to

20  maintain receipts or other records of such hurricane losses in

21  order to apply such losses to subsequent hurricane claims.

22         4.  If there are hurricane losses in a calendar year on

23  more than one policy issued by the same insurer or an insurer

24  in the same insurer group, the hurricane deductible shall be

25  the highest amount stated in any one of the policies. If a

26  policyholder who had a hurricane loss under the prior policy

27  is provided or offered a lower hurricane deductible under the

28  new or renewal policy, the insurer must notify the

29  policyholder, in writing, at the time the lower hurricane

30  deductible is provided or offered, that the lower hurricane

31  


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 1  deductible will not apply until January 1 of the following

 2  calendar year.

 3         (b)  For commercial residential property insurance

 4  policies issued or renewed on or after January 1, 2006, the

 5  insurer must offer the policyholder the following alternative

 6  hurricane deductibles:

 7         1.  A hurricane deductible that applies on an annual

 8  basis as provided in paragraph (a); and

 9         2.  A hurricane deductible that applies to each

10  hurricane.

11         (7)  Prior to issuing a personal lines residential

12  property insurance policy on or after April 1, 1997, or prior

13  to the first renewal of a residential property insurance

14  policy on or after April 1, 1997, the insurer must offer a

15  deductible equal to $500 applicable to losses from perils

16  other than hurricane. The insurer must provide the

17  policyholder with notice of the availability of the deductible

18  specified in this subsection in a form approved by the office

19  at least once every 3 years. The failure to provide such

20  notice constitutes a violation of this code but does not

21  affect the coverage provided under the policy. An insurer may

22  require a higher deductible only as part of a deductible

23  program lawfully in effect on June 1, 1996, or as part of a

24  similar deductible program.

25         Section 30.  Effective July 1, 2007, section 627.706,

26  Florida Statutes, is amended to read:

27         627.706  Sinkhole insurance; definitions.--

28         (1)  Every insurer authorized to transact property

29  insurance in this state shall provide coverage for a

30  catastrophic ground cover collapse and shall make available,

31  for an appropriate additional premium, coverage for insurable


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 1  sinkhole losses on any structure, including contents of

 2  personal property contained therein, to the extent provided in

 3  the form to which the sinkhole coverage attaches. A policy for

 4  residential property insurance may include a deductible amount

 5  applicable to sinkhole losses equal to 1 percent, 2 percent, 5

 6  percent, or 10 percent of the policy dwelling limits, with

 7  appropriate premium discounts offered with each deductible

 8  amount.

 9         (2)  As used in ss. 627.706-627.7074, and as used in

10  connection with any policy providing coverage for a

11  catastrophic ground cover collapse or for sinkhole losses:

12         (a)  "Catastrophic ground cover collapse" means

13  geological activity that results in the collapse of the ground

14  cover and the insured structure being condemned and ordered to

15  be vacated by the governmental agency authorized by law to

16  issue such an order for that structure.

17         (b)(a)  "Sinkhole" means a landform created by

18  subsidence of soil, sediment, or rock as underlying strata are

19  dissolved by groundwater. A sinkhole may form by collapse into

20  subterranean voids created by dissolution of limestone or

21  dolostone or by subsidence as these strata are dissolved.

22         (c)(b)  "Sinkhole loss" means structural damage to the

23  building, including the foundation, caused by sinkhole

24  activity. Contents coverage shall apply only if there is

25  structural damage to the building caused by sinkhole activity.

26         (d)(c)  "Sinkhole activity" means settlement or

27  systematic weakening of the earth supporting such property

28  only when such settlement or systematic weakening results from

29  movement or raveling of soils, sediments, or rock materials

30  into subterranean voids created by the effect of water on a

31  limestone or similar rock formation.


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 1         (e)(d)  "Professional engineer" means a person, as

 2  defined in s. 471.005, who has a bachelor's degree or higher

 3  in engineering with a specialty in the geotechnical

 4  engineering field. A professional engineer must have

 5  geotechnical experience and expertise in the identification of

 6  sinkhole activity as well as other potential causes of damage

 7  to the structure.

 8         (f)(e)  "Professional geologist" means a person, as

 9  defined by s. 492.102, who has a bachelor's degree or higher

10  in geology or related earth science with expertise in the

11  geology of Florida. A professional geologist must have

12  geological experience and expertise in the identification of

13  sinkhole activity as well as other potential geologic causes

14  of damage to the structure.

15         (3)  Every insurer authorized to transact property

16  insurance in this state shall make a proper filing with the

17  office for the purpose of extending the appropriate forms of

18  property insurance to include coverage for catastrophic ground

19  cover collapse or for sinkhole losses.

20         Section 31.  Subsection (2) of section 627.7065,

21  Florida Statutes, is amended to read:

22         627.7065  Database of information relating to

23  sinkholes; the Department of Financial Services and the

24  Department of Environmental Protection.--

25         (2)  The Department of Financial Services, including

26  the employee of the Division of Consumer Services designated

27  as the primary contact for consumers on issues relating to

28  sinkholes, and the Office of the Insurance Consumer Advocate

29  shall consult with the Florida Geological Survey and the

30  Department of Environmental Protection to implement a

31  


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 1  statewide automated database of sinkholes and related activity

 2  identified in the state.

 3         Section 32.  Effective July 1, 2007, section 627.712,

 4  Florida Statutes, is created to read:

 5         627.712  Residential hurricane coverage required;

 6  availability of exclusions for windstorm or contents.--

 7         (1)  An insurer issuing a residential property

 8  insurance policy must provide hurricane or windstorm coverage

 9  as defined in s. 627.4025. This subsection does not apply with

10  respect to risks that are eligible for wind-only coverage from

11  Citizens Property Insurance Corporation under s. 627.351(6).

12         (2)  An insurer that is subject to subsection (1) must

13  make available, at the option of the policyholder, an

14  exclusion of hurricane coverage or windstorm coverage. The

15  coverage may be excluded only if:

16         (a)  The policyholder personally writes and provides to

17  the insurer the following statement in his or her own

18  handwriting and signs his or her name, which must also be

19  signed by every other named insured on the policy, and dated:

20  "I do not want the insurance on my (home / mobile home /

21  condominium unit) to pay for damage from windstorms or

22  hurricanes. I will pay those costs. My insurance will not."

23         (b)  If the structure insured by the policy is subject

24  to a mortgage or lien, the policyholder must provide the

25  insurer with a written statement from the mortgageholder or

26  lienholder indicating that the mortgageholder or lienholder

27  approves the policyholder electing to exclude windstorm

28  coverage or hurricane coverage from his or her residential

29  property insurance policy.

30         (3)  An insurer issuing a residential property

31  insurance policy, except for a condominium unit owner's


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 1  policy, must make available, at the option of the

 2  policyholder, an exclusion of coverage for the contents. The

 3  coverage may be excluded only if the policyholder personally

 4  writes and provides to the insurer the following statement in

 5  his or her own handwriting and signs his or her signature,

 6  which must also be signed by every other named insured on the

 7  policy, and dated: "I do not want the insurance on my (home /

 8  mobile home) to pay for the costs to repair or replace any

 9  contents that are damaged. I will pay those costs. My

10  insurance will not."

11         (4)  An insurer shall keep the original copy of a

12  signed statement required by this section and provide a copy

13  to the policyholder providing the signed statement. A signed

14  statement meeting the requirements of this section creates a

15  presumption that there was an informed, knowing rejection of

16  coverage.

17         (5)  The exclusions authorized by this section are

18  valid only for the term of the contract and must be newly

19  executed upon each contract renewal pursuant to the

20  requirements of this section.

21         (6)  The commission shall adopt rules providing

22  appropriate alternative methods for providing the statements

23  required by this section for policyholders who have a

24  handicapping or disabling condition that prevents them from

25  providing a handwritten statement.

26         Section 33.  Section 627.713, Florida Statutes, is

27  created to read:

28         627.713  Report of hurricane loss data.--

29         (1)  The office may require property insurers to report

30  data regarding hurricane claims and underwriting costs,

31  including, but not limited to:


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 1         (a)  Number of claims;

 2         (b)  Amount of claim payments made;

 3         (c)  Number and amount of total-loss claims;

 4         (d)  Amount and percentage of losses covered by

 5  reinsurance or other loss-transfer agreements;

 6         (e)  Amount of losses covered under specified

 7  deductibles;

 8         (f)  Claims and payments for specified insured values;

 9         (g)  Claims and payments for specified dollar values;

10         (h)  Claims and payments for specified types of

11  construction or mitigation features;

12         (i)  Claims and payments for policies under specified

13  underwriting criteria;

14         (j)  Claims and payments for contents, additional

15  living expense, and other specified coverages;

16         (k)  Claims and payments by county for the information

17  specified in this section; and

18         (l)  Any other data that the office requires.

19         (2)  The commission may adopt rules pursuant to ss.

20  120.536(1) and 120.54 to administer this section.

21         Section 34.  Paragraph (e) of subsection (3) and

22  subsection (4) of section 631.57, Florida Statutes, are

23  amended to read:

24         631.57  Powers and duties of the association.--

25         (3)

26         (e)1.

27         a.  In addition to assessments otherwise authorized in

28  paragraph (a) and to the extent necessary to secure the funds

29  for the account specified in s. 631.55(2)(c) for the direct

30  payment of covered claims and to pay the reasonable costs to

31  administer such claims, or to retire indebtedness, including,


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 1  without limitation, the principal, redemption premium, if any,

 2  and interest on, and related costs of issuance of, bonds

 3  issued under s. 631.695 and the funding of any reserves and

 4  other payments required under the bond resolution or trust

 5  indenture pursuant to which such bonds have been issued, the

 6  office, upon certification of the board of directors, shall

 7  levy emergency assessments upon insurers holding a certificate

 8  of authority. The emergency assessments payable under this

 9  paragraph by any insurer shall not exceed in any single year

10  more than 2 percent of that insurer's direct written premiums,

11  net of refunds, in this state during the preceding calendar

12  year for the kinds of insurance within the account specified

13  in s. 631.55(2)(c).

14         b.  Any emergency assessments authorized under this

15  paragraph shall be levied by the office upon insurers referred

16  to in sub-subparagraph a., upon certification as to the need

17  for such assessments by the board of directors. In the event

18  the board of directors participates in the issuance of bonds

19  in accordance with s. 631.695, emergency assessments shall be

20  levied, in each year that bonds issued under s. 631.695 and

21  secured by such emergency assessments are outstanding, in such

22  amounts up to such 2-percent limit as required in order to

23  provide for the full and timely payment of the principal of,

24  redemption premium, if any, and interest on, and related costs

25  of issuance of, such bonds. The emergency assessments provided

26  for in this paragraph are assigned and pledged to the

27  municipality, county, or legal entity issuing bonds under s.

28  631.695 for the benefit of the holders of such bonds, in order

29  to enable such municipality, county, or legal entity to

30  provide for the payment of the principal of, redemption

31  premium, if any, and interest on such bonds, the cost of


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 1  issuance of such bonds, and the funding of any reserves and

 2  other payments required under the bond resolution or trust

 3  indenture pursuant to which such bonds have been issued,

 4  without the necessity of any further action by the

 5  association, the office, or any other party. To the extent

 6  bonds are issued under s. 631.695 and the association

 7  determines to secure such bonds by a pledge of revenues

 8  received from the emergency assessments, such bonds, upon such

 9  pledge of revenues, shall be secured by and payable from the

10  proceeds of such emergency assessments, and the proceeds of

11  emergency assessments levied under this paragraph shall be

12  remitted directly to and administered by the trustee or

13  custodian appointed for such bonds.

14         c.  Emergency assessments under this paragraph may be

15  payable in a single payment or, at the option of the

16  association, may be payable in 12 monthly installments with

17  the first installment being due and payable at the end of the

18  month after an emergency assessment is levied and subsequent

19  installments being due not later than the end of each

20  succeeding month.

21         d.  If emergency assessments are imposed, the report

22  required by s. 631.695(7) shall include an analysis of the

23  revenues generated from the emergency assessments imposed

24  under this paragraph.

25         e.  If emergency assessments are imposed, the

26  references in sub-subparagraph (1)(a)3.b. and s. 631.695(2)

27  and (7) to assessments levied under paragraph (a) shall

28  include emergency assessments imposed under this paragraph.

29         2.  In order to ensure that insurers paying emergency

30  assessments levied under this paragraph continue to charge

31  rates that are neither inadequate nor excessive, within 90


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 1  days after being notified of such assessments, each insurer

 2  that is to be assessed pursuant to this paragraph shall submit

 3  a rate filing for coverage included within the account

 4  specified in s. 631.55(2)(c) and for which rates are required

 5  to be filed under s. 627.062. If the filing reflects a rate

 6  change that, as a percentage, is equal to the difference

 7  between the rate of such assessment and the rate of the

 8  previous year's assessment under this paragraph, the filing

 9  shall consist of a certification so stating and shall be

10  deemed approved when made. Any rate change of a different

11  percentage shall be subject to the standards and procedures of

12  s. 627.062.

13         3.  In the event the board of directors participates in

14  the issuance of bonds in accordance with s. 631.695, an annual

15  assessment under this paragraph shall continue while the bonds

16  issued with respect to which the assessment was imposed are

17  outstanding, including any bonds the proceeds of which were

18  used to refund bonds issued pursuant to s. 631.695, unless

19  adequate provision has been made for the payment of the bonds

20  in the documents authorizing the issuance of such bonds.

21         4.  Emergency assessments under this paragraph are not

22  premium and are not subject to the premium tax, to any fees,

23  or to any commissions. An insurer is liable for all emergency

24  assessments that the insurer collects and shall treat the

25  failure of an insured to pay an emergency assessment as a

26  failure to pay the premium. An insurer is not liable for

27  uncollectible emergency assessments.

28         (4)  The department may exempt any insurer from any

29  regular or emergency an assessment if an assessment would

30  result in such insurer's financial statement reflecting an

31  amount of capital or surplus less than the sum of the minimum


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 1  amount required by any jurisdiction in which the insurer is

 2  authorized to transact insurance.

 3         Section 35.  The amendments to section 34 of chapter

 4  2006-12, Laws of Florida, authorized the Florida Insurance

 5  Guaranty Association to certify, and the Office of Insurance

 6  Regulation to levy, an emergency assessment of up to 2 percent

 7  to either directly pay the covered claims out of the account

 8  specified in s. 631.55(2)(c), Florida Statutes, or to use the

 9  proceeds of such emergency assessment to retire the

10  indebtedness and the costs of bonds issued to pay such claims

11  and reasonable claims-administration costs.

12         Section 36.  Subsection (1) of section 631.912, Florida

13  Statutes, is amended to read:

14         631.912  Board of directors.--

15         (1)  The board of directors of the corporation shall

16  consist of 11 persons, 1 of whom is the Insurance Consumer

17  Advocate appointed under s. 350.0615 s. 627.0613 or designee

18  and 1 of whom is designated by the Chief Financial Officer.

19  The department shall appoint to the board 6 persons selected

20  by private carriers from among the 20 workers' compensation

21  insurers with the largest amount of net direct written premium

22  as determined by the department, and 3 persons selected by the

23  self-insurance funds. At least two of the private carriers

24  shall be foreign carriers authorized to do business in this

25  state. The board shall elect a chairperson from among its

26  members. The Chief Financial Officer may remove any board

27  member for cause. Each board member shall serve for a 4-year

28  term and may be reappointed. A vacancy on the board shall be

29  filled for the remaining period of the term in the same manner

30  by which the original appointment was made.

31  


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 1         Section 37.  Effective July 1, 2007, subsection (6) of

 2  section 627.0629, Florida Statutes, is repealed.

 3         Section 38.  Windstorm Mitigation Study Commission.--

 4         (1)(a)  The Windstorm Mitigation Study Commission is

 5  created and shall be composed of five members as follows:

 6         1.  Three members shall be appointed by the Governor,

 7  with one designated by the Governor to serve as chair.

 8         2.  One member shall be appointed by the Chief

 9  Financial Officer.

10         3.  One member shall be appointed by the Commissioner

11  of Insurance Regulation.

12         (b)  Each member must be knowledgeable of issues

13  concerning the mitigation of the effects of windstorms on

14  structures in this state and at least one member must

15  represent primarily the interests of homeowners.

16         (2)(a)  The members of the commission shall serve

17  without compensation, but are entitled to reimbursement for

18  all necessary expenses incurred in performing their duties,

19  including travel expenses, in accordance with s. 112.061,

20  Florida Statutes.

21         (b)  The commission shall meet as necessary, at the

22  call of the chair, and at the time and place designated by the

23  chair. The commission may conduct its meetings through

24  teleconferences or other similar means.

25         (3)  The Department of Financial Services, the Office

26  of Insurance Regulation, the Citizens Property Insurance

27  Corporation, and other agencies of this state shall supply any

28  information, assistance, and facilities that are considered

29  necessary by the commission to carry out its duties under this

30  section. The Executive Office of the Governor shall provide

31  staff assistance as necessary in order to carry out the


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 1  required clerical and administrative functions of the

 2  commission.

 3         (4)  The commission shall analyze those solutions and

 4  programs that address the state's acute need to mitigate the

 5  effects of windstorms on structures, especially residential

 6  property that is located in areas at greatest risk of

 7  windstorm damage, including programs or proposals that provide

 8  for:

 9         (a)  The availability of home inspections for windstorm

10  resistance;

11         (b)  Grants to assist homeowners, and possibly other

12  groups of property owners, to harden their property against

13  windstorm damage;

14         (c)  The full actuarial value to be reflected in

15  premium credits for windstorm mitigation;

16         (d)  The most effective way to inform policyholders of

17  the availability of and means by which to obtain premium

18  credits for windstorm mitigation;

19         (e)  Coordination among federal, local, and private

20  initiatives;

21         (f)  Streamlining or strengthening applicable state,

22  regional, and local regulations;

23         (g)  The stimulation of public and private efforts to

24  mitigate against windstorm injury and damage;

25         (h)  The discovery and assessment of funding sources

26  for windstorm mitigation;

27         (i)  Tax incentives for windstorm mitigation;

28         (j)  Consumer information concerning the benefits of

29  windstorm mitigation, including personal safety as well as

30  property security;

31         (k)  Research on windstorm mitigation; and


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 1         (l)  The development of a form for uniform mitigation

 2  verification inspection to be used by insurers when factoring

 3  discounts for wind insurance which clearly specifies the

 4  procedures necessary to receive the full value of a discount.

 5  

 6  The commission may develop any other solutions and programs

 7  that it considers appropriate.

 8         (5)  In performing its analysis, the commission shall

 9  consider both the safety of the residents of this state and

10  the protection of real property, especially residential. In

11  addition, the commission shall consider both short-term and

12  long-term solutions and programs.

13         (6)  The commission shall review, evaluate, and make

14  recommendations regarding existing and proposed programs and

15  initiatives for mitigating windstorm damage.

16         (7)  The commission shall provide recommendations,

17  including proposed legislation, to the Governor, the President

18  of the Senate, the Speaker of the House of Representatives,

19  the Chief Financial Officer, and the Commissioner of Insurance

20  Regulation by March 30, 2007.

21         Section 39.  Florida Disaster Recovery Initiative.--

22         (1)  There is established within the Department of

23  Community Affairs the Florida Disaster Recovery Initiative for

24  the purpose of assisting local governments in satisfying

25  disaster-recovery needs in the areas of low-income housing and

26  infrastructure, with a primary focus on the hardening of

27  single-family and multifamily housing units, not only to

28  ensure that affordable housing can withstand the effects of

29  hurricane-force winds, but also to mitigate the increasing

30  costs of insurance, which may ultimately render existing

31  affordable homes unaffordable or uninsurable. This section


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 1  does not create an entitlement for local governments or

 2  property owners or obligate the state in any way to fund

 3  disaster-recovery needs. Implementation of this initiative is

 4  subject to annual legislative appropriations.

 5         (2)  The Department of Community Affairs shall

 6  administer the initiative using funds provided through the

 7  Emergency Supplemental Appropriations Act for Defense, the

 8  Global War on Terror, and Hurricane Recovery, 2006, and those

 9  funds shall be used to assist local governments in satisfying

10  their disaster-recovery needs in the areas of housing and

11  infrastructure.

12         (3)  Entitlement and nonentitlement counties identified

13  under the Federal Disaster Declaration (FEMA-1609-DR),

14  federally recognized Indian tribes, and nonprofit

15  organizations are eligible to apply for funding.

16         (4)  Up to 78 percent of these funds may be used to

17  complement the grants awarded by the Department of Financial

18  Services under s. 215.5586, Florida Statutes, and fund other

19  eligible disaster-related activities supporting housing

20  rehabilitation, hardening, mitigation, and infrastructure

21  improvements at the request of the local governments in order

22  to assist the State of Florida in better serving low-income

23  homeowners in single-family housing units or condominiums. Up

24  to 20 percent of the funds may be used to provide inspections

25  and mitigation improvements to multifamily units receiving

26  rental assistance under projects of the United States

27  Department of Housing and Urban Development or the Rural

28  Development Division of the United States Department of

29  Agriculture.

30         Section 40.  For the 2006-2007 fiscal year, the sum of

31  $100,066,518 is appropriated in a Grant in Aid--Fixed Capital


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 1  Outlay appropriation category from the Florida Small Cities

 2  Community Development Block Grant Program Fund to the

 3  Department of Community Affairs for the purpose of

 4  implementing the provisions of section 39 of this act. These

 5  funds shall be used in a manner consistent with Federal

 6  Register, Vol. 71, No. 209, Docket No. FR-5089-N-01, and the

 7  State of Florida Action Plan for Disaster Recovery as approved

 8  by the United States Department of Housing and Urban

 9  Development.

10         Section 41.  Subsection (11) of section 718.111,

11  Florida Statutes, is amended to read:

12         718.111  The association.--

13         (11)  INSURANCE.--In order to protect the safety,

14  health, and welfare of the people of the State of Florida and

15  to ensure consistency in the provision of insurance coverage

16  to condominiums and their unit owners, paragraphs (b) and (c)

17  are deemed to apply to every residential condominium in the

18  state, regardless of the date of its declaration of

19  condominium. It is the intent of the Legislature to encourage

20  lower or stable insurance premiums for associations described

21  in this section. Therefore, the Legislature requires a report

22  to be prepared by the Office of Insurance Regulation of the

23  Department of Financial Services for publication 18 months

24  from the effective date of this act, evaluating premium

25  increases or decreases for associations, unit owner premium

26  increases or decreases, recommended changes to better define

27  common areas, or any other information the Office of Insurance

28  Regulation deems appropriate.

29         (a)  A unit-owner controlled association operating a

30  residential condominium shall use its best efforts to obtain

31  and maintain adequate insurance to protect the association,


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 1  the association property, the common elements, and the

 2  condominium property required to be insured by the association

 3  pursuant to paragraph (b). If the association is developer

 4  controlled, the association shall exercise due diligence to

 5  obtain and maintain such insurance.  Failure to obtain and

 6  maintain adequate insurance during any period of developer

 7  control shall constitute a breach of fiduciary responsibility

 8  by the developer-appointed members of the board of directors

 9  of the association, unless said members can show that despite

10  such failure, they have exercised due diligence. The

11  declaration of condominium as originally recorded, or amended

12  pursuant to procedures provided therein, may require that

13  condominium property consisting of freestanding buildings

14  where there is no more than one building in or on such unit

15  need not be insured by the association if the declaration

16  requires the unit owner to obtain adequate insurance for the

17  condominium property. An association may also obtain and

18  maintain liability insurance for directors and officers,

19  insurance for the benefit of association employees, and flood

20  insurance for common elements, association property, and

21  units. Adequate insurance, regardless of any requirement in

22  the declaration of condominium for coverage by the association

23  for "full insurable value," "replacement cost," or the like,

24  may include reasonable deductibles as determined by the board

25  based upon available funds or predetermined assessment

26  authority at the time that the insurance is obtained.

27         1.  Windstorm insurance coverage for a group of no

28  fewer than three communities created and operating under

29  chapter 718, chapter 719, chapter 720, or chapter 721 may be

30  obtained and maintained for the communities if the insurance

31  coverage is sufficient to cover an amount equal to the


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 1  probable maximum loss for the communities for a 250-year

 2  windstorm event. Such probable maximum loss must be determined

 3  through the use of a competent model that has been accepted by

 4  the Florida Commission on Hurricane Loss Project Methodology.

 5  Such insurance coverage is deemed adequate windstorm insurance

 6  for the purposes of this section.

 7         2.  An association or group of associations may

 8  self-insure against claims against the association, the

 9  association property, and the condominium property required to

10  be insured by an association, upon compliance with the

11  applicable provisions of ss. 624.460-624.488, which shall be

12  considered adequate insurance for the purposes of this

13  section. A copy of each policy of insurance in effect shall be

14  made available for inspection by unit owners at reasonable

15  times.

16         (b)  Every hazard insurance policy issued or renewed on

17  or after January 1, 2004, to protect the condominium shall

18  provide primary coverage for:

19         1.  All portions of the condominium property located

20  outside the units;

21         2.  The condominium property located inside the units

22  as such property was initially installed, or replacements

23  thereof of like kind and quality and in accordance with the

24  original plans and specifications or, if the original plans

25  and specifications are not available, as they existed at the

26  time the unit was initially conveyed; and

27         3.  All portions of the condominium property for which

28  the declaration of condominium requires coverage by the

29  association.

30  

31  


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 1  Anything to the contrary notwithstanding, the terms

 2  "condominium property," "building," "improvements," "insurable

 3  improvements," "common elements," "association property," or

 4  any other term found in the declaration of condominium which

 5  defines the scope of property or casualty insurance that a

 6  condominium association must obtain shall exclude all floor,

 7  wall, and ceiling coverings, electrical fixtures, appliances,

 8  air conditioner or heating equipment, water heaters, water

 9  filters, built-in cabinets and countertops, and window

10  treatments, including curtains, drapes, blinds, hardware, and

11  similar window treatment components, or replacements of any of

12  the foregoing which are located within the boundaries of a

13  unit and serve only one unit and all air conditioning

14  compressors that service only an individual unit, whether or

15  not located within the unit boundaries. The foregoing is

16  intended to establish the property or casualty insuring

17  responsibilities of the association and those of the

18  individual unit owner and do not serve to broaden or extend

19  the perils of coverage afforded by any insurance contract

20  provided to the individual unit owner. Beginning January 1,

21  2004, the association shall have the authority to amend the

22  declaration of condominium, without regard to any requirement

23  for mortgagee approval of amendments affecting insurance

24  requirements, to conform the declaration of condominium to the

25  coverage requirements of this section.

26         (c)  Every hazard insurance policy issued or renewed on

27  or after January 1, 2004, to an individual unit owner shall

28  provide that the coverage afforded by such policy is excess

29  over the amount recoverable under any other policy covering

30  the same property. Each insurance policy issued to an

31  individual unit owner providing such coverage shall be without


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 1  rights of subrogation against the condominium association that

 2  operates the condominium in which such unit owner's unit is

 3  located. All real or personal property located within the

 4  boundaries of the unit owner's unit which is excluded from the

 5  coverage to be provided by the association as set forth in

 6  paragraph (b) shall be insured by the individual unit owner.

 7         (d)  The association shall obtain and maintain adequate

 8  insurance or fidelity bonding of all persons who control or

 9  disburse funds of the association. The insurance policy or

10  fidelity bond must cover the maximum funds that will be in the

11  custody of the association or its management agent at any one

12  time. As used in this paragraph, the term "persons who control

13  or disburse funds of the association" includes, but is not

14  limited to, those individuals authorized to sign checks and

15  the president, secretary, and treasurer of the association.

16  The association shall bear the cost of bonding.

17         Section 42.  Section 627.711, Florida Statutes, is

18  amended to read:

19         627.711  Notice of premium discounts for hurricane loss

20  mitigation; uniform mitigation verification inspection form.--

21         (1)  Using a form prescribed by the Office of Insurance

22  Regulation, the insurer shall clearly notify the applicant or

23  policyholder of any personal lines residential property

24  insurance policy, at the time of the issuance of the policy

25  and at each renewal, of the availability and the range of each

26  premium discount, credit, other rate differential, or

27  reduction in deductibles for properties on which fixtures or

28  construction techniques demonstrated to reduce the amount of

29  loss in a windstorm can be or have been installed or

30  implemented. The prescribed form shall describe generally what

31  actions the policyholders may be able to take to reduce their


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 1  windstorm premium. The prescribed form and a list of such

 2  ranges approved by the office for each insurer licensed in the

 3  state and providing such discounts, credits, other rate

 4  differentials, or reductions in deductibles for properties

 5  described in this subsection shall be available for electronic

 6  viewing and download from the Department of Financial

 7  Services' or the Office of Insurance Regulation's Internet

 8  website. The Financial Services Commission may adopt rules to

 9  implement this subsection.

10         (2)  The Financial Services Commission shall develop by

11  rule a uniform mitigation verification inspection form that

12  shall be used by all insurers when factoring discounts for

13  wind insurance. In developing the form, the commission shall

14  seek input from insurance, construction, and building code

15  representatives. Further, the commission shall provide

16  guidance as to the length of time the inspection results are

17  valid.

18         Section 43.  It is the intent of the Legislature to

19  create during the 2007 Legislative Session a grant program to

20  assist persons whose income does not exceed that of

21  "low-income persons" as defined in s. 420.602(8), Florida

22  Statutes, for the purpose of purchasing property insurance to

23  protect their homestead property.

24         Section 44.  Section 350.06151, Florida Statutes, is

25  created to read:

26         350.06151  Beginning July 1, 2007, funds shall be

27  transferred by the Department of Financial Services from the

28  Insurance Regulatory Trust Fund to the Grants and Donations

29  Trust Fund in the legislative branch for the purpose of

30  funding the Office of Insurance Consumer Advocate. The

31  transfer amount is equal to the approved operating budget for


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 1  the Office of Insurance Consumer Advocate within the Office of

 2  Public Counsel.

 3         Section 45.  Except as otherwise expressly provided in

 4  this act, this act shall take effect upon becoming a law.

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